This was a week or two ago. I talked to one tech and he went through my settings with me and recorded what they were. Then about 10 minutes later, another tech called me back and we had a conversation about it. He maintained that it was not a "problem", but that this "non-problem" is caused by the energy star software. Funny how they created a firmware revision for the issue on standard mode, but have not bothered to create another revision for cinema or custom. The did recommend that I use cinema or custom modes for this issue. The only problem with that is the fact that Cinema mode is the mode I use 100% of the time and where I see the fbr easily.
I don't believe my tv is a lemon, I believe that all of them do it, just some people are more sensitive to it than others. I didn't see the "banding" issue until the other day.