A LOT of time on the phone...
Essentially was able to get them to concede that my poor 3G data speeds were in fact due to network oveload.
Not the iPhone, not a tower outage or the need to reset my PRL, as was the standard CSR responses for the first few months.
As sated above, I told them I believed they would get the data speed issues resolved and was willing to wait it out, but that I thought it was misleading (hence the FCC complaint) that I was paying 10 dollar per line "premium data charge" when I was getting 1/3 of their minimum advertised speed during peak usage times.
I have since had them credit my account those fees (3x10 for 3 month chunks, 90 bucks) in December, March and June..
Since the FCC complaint initiated an unclosable executive trouble ticket, they have been fairly accommodating.....