I think you're referring to a data plan requirement? If so then No and Yes. No there is no requirement for a data plan that comes with Android. But Yes in that any Android phone is going to qualify as a "smart phone" and both AT&T and Verizon require a data plan with any smart phone on their network and will automatically add one to your account upon detection that you're using one. Success rates on evading detection have varied.
Right. The Data Plan.
When I initially bought my AT&T Tilt Smart Phone, I wanted a Data Plan, but had it removed after about a year. I wonder if they just require the Data Plan with a smart phone UPON PURCHASE, but allow you to cancel it later. I know that is definitely NOT allowed with the iPhone- you MUST maintain a data plan subscription.