This just happened to me, but since my contract already ended they were able to waive the penalty. Further, they even set it up so that I could walk into a local AT&T store and pick one up on launch day. Funny thing is, the customer support rep on the line blamed the policy on Apple (i.e., she said it was Apple's policy to push back upgrade dates on on-payment, not theirs). Whatever. Regardless, she did a great job on my case so no complaints.