Why is the software update not available in the App Store?

I've been trying for over an hour to update to the 4.3 software and it keeps timing out.  I've disabled my AV software and I tried connecting directly to my LAN.  Nothing is working and I'm ready to throw this POS in the garbage.  This is the only issue I have with the phone, but it's really irritating. It must be fixed.

http://support.apple.com/kb/TS3125
http://www.apple.com/feedback/iphone.html

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