In response to :
i will once again pose my original question which i have asked several times, simply end all this by addressing it:
(My only issue is with sprint tv/radio).
I pulled out the box my mogul came in last night. On the back of the box was a pic of a spint music store screenshot, plus a screenshot of on demand. I don't remember the exact wording, but the box infers the ability to download and listen to music/on demand content on the nations best broadband network.
I also had the original copy of the "powervision" plans, and options that are included with the three different plans. Canospinach is correct, in the fine print is a statement that some features are not available on certain pda phones.
This summer, when I purchased this handset, I had an aparent mis-communication from the sprint store sales rep, as I was told the mogul could access sprint tv/radio. When I could not find the sprint tv program on the handset, I even called tech support, and they spent over two hours trying to figure out why sprint tv/radio was not on the phone...and the next day they suggested I purchase mobitv.
I also researched the mogul prior to purchase( I bought mine in the middle of the summer, cant remember if it was june or july) and received info from sources such as this:
http://www.networkworld.com/community/?q=node/16326
"And yes, the Mogul will be able to play music and watch videos. Sprint says it will support On Demand video downloads and by mid-July users will be able to perform over-the-air downloads from the Sprint Music Store (something the iPhone still won't be able to do).And yes, the Mogul will be able to play music and watch videos. Sprint says it will support On Demand video downloads and by mid-July users will be able to perform over-the-air downloads from the Sprint Music Store (something the iPhone still won't be able to do)."
I know this is not an official sprint publication.
I agree with Canospinach, legal action is probably a dead end.
But my issue is customer service related. I felt I asked the correct questions regarding sprint tv and radio directly to a sprint rep. Maybe the rep was not properly informed of the features of this handset, maybe he just wanted to make the sale.
Seeing sprint tv and radio on the Touch just poured gasoline on my fire.