You can buy an unlocked phone easily; I got mine at eXpansys. Be prepared for a shock if you don't know what a phone actually costs...
If all you want is a root shell to the existing software, "Universal Android Root" seems to be the tool to use and won't void your warranty. It's still a hack and not something you get out of the box.
The only phone I know of that actually seems to come unlocked is the Nokia N900 where you can get a root shell out of the box and probably also swap the kernel for your own without voiding the warranty (not sure).
Barnacle seems to be the wifi tethering app of choice, as it's free and works on almost any hardware.
I'd really like to see Google start using their certification process to stop telcos from pulling this crap. Data is data. You're a dumb pipe. Get over it.
Which means we are all living in a fantasy land. We have a good experience, whereas life for the people we told to buy an Android phone will suck.