I ported over to T-Mobile in December and AT&T fabricated the claim that I
was under contract with them. Of course this is nothing more than extortion,
holding my credit rating hostage. Hey, anyone can do this anytime so you
just can't let them get away with it. Anyhow, thought someone here would get
some use out of seeing my one good faith effort to get this straightened
out.

January 25, 2004

AT&T Wireless

P.O. Box 68055

Anaheim Hills, CA 92817-8055

I discontinued my AT&T Wireless service on December 25th of last year. I was
subsequently informed that I had terminated a contract for service early.
This is in error. I did not have a contract for service in place, and have
not for over a year.

Careful inspection of my final statement makes clear that I had no
incentives in place. I did not enjoy free weekends, evenings, or holidays,
nor did I enjoy any bonus minutes. As is well understood, customers enter
into contracts expressly to gain these incentives. Without these incentives,
it cannot be supposed that a contract was in force. My statement, dated
1/14/04, states the following:

 a.. Local Plan $74.99
 b.. Effective 12/13/03 Through 12/25/03
 c.. Monthly service charge: $30

Clearly, the account was prorated for 12 days of service: 12 days at $2.50
per day is $30.00.

($2.50/day is arrived at by dividing $74.99 by 30 days)

The $74.99 plan offered 1000 minutes at the time. Prorated, 400 were
available. An additional %15 provided by my employer provided an additional
60 minutes. I exceeded my plan by 92 minutes and was charged (92 x $0.35)
$32.20 for them.

There were a total of 86 weekend minutes.

 a.. 12/13-12/14: 63 minutes
 b.. 12/20-12/21: 23 minutes

There were 78 weekday evening minutes. 8 of which occurred over two 4 minute
calls on 12/23 and which are clearly charged a dollar amount, as indicated
on my statement.

I was also charged for four calls made on 12/25, Christmas day, a holiday.

Had I received free weekends, evenings, and holidays, my 92 minute overage
would have been erased. Six calls are clearly billed as overage when they
occur during a weekday evening or holiday. It is therefore clear I did not
have free weekends, evenings, or holidays.

It's also clear that I was not enjoying any bonus minutes as they do not
appear in any way. Had I received a mere 100 minutes, for example, my 92
minute overage would have been erased.

The lack of incentives being present on my account at time of termination
precludes AT&T's claim that I was under contract at that time. The $175
cancellation fee is therefore in error. Additionally, it's clear that the
$175 was included when calculating regulatory taxes. I don't believe this is
a tax-chargeable item. I will be filing an inquiry with the FCC to verify
this, and a subsequent complaint if true.

I have been a customer of AT&T's for several years. In that time I have been
satisfied with the service and have recommended it to others. I had planned
to leave AT&T with it having been a positive business experience. If you can
straighten this out for me, I will attribute it a simple mistake. I did not
request, authorize, nor desire a contract for service with AT&T. Please
remove the $175 cancellation fee, recalculate the taxes, and send me a
corrected bill by mail. Thank you.