AOPA Pilot Magazine - March 2012 - 36

PILOTCOUNSEL

BY JOHN S. YODICE
AOPA SECRETARY

Airport communications

recent legal interpretation of FAR 91.130, “Operations in Class C airspace,” by the FAA chief counsel answers a question about the two-way radio

departing from a satellite airport without an operating control tower—then, the pilot must establish and maintain two-way radio communications with the air traffic control facility having jurisdiction over the airspace (approach control/tower) as soon as practicable after departing; that is, after becoming airborne and already in the controlled airspace. To minimize the time in which the aircraft is not in communication with the ATC facility controlling the airspace, the FAA establishes departure procedures communications requirement for an aircraft departfor the airport. The departure procedures typically John S. Yodice is steer the aircraft away from the primary airport. ing a satellite airport in Class C airspace. (As a an instrument- and The scenario posed is this: “A pilot departs from reminder, a satellite airport is any airport that exists multienginewithin Class C or D controlled airspace, but is not a satellite airport and establishes communication rated pilot who the so-called “primary” airport on which the airwith the control tower. The satellite airport’s operowns a Cessna space is based. The satellite airport may or may not ating control tower cleared the pilot to depart and 310. have an operating control tower.) This provides an then instructed the pilot to remain on frequency. opportunity to review the communications requireDoes establishing and maintaining communication ments for airports in controlled airspace (different controlled with the satellite control tower satisfy the requirements of FAR airspaces are depicted or coded on aeronautical charts), and 91.130(c)(2)(i), or does the regulation require the pilot to then helps us to better understand the interpretation. subsequently establish two-way radio communication with a For Class C or D controlled airspace, a pilot operating to or separate ATC facility? In this scenario, the pilot must attempt from the primary (not the satellite) airport, or flying through to contact Class C departure control on a second radio and/or that airspace, must establish two-way radio communications slow down or otherwise linger in the satellite control tower’s with the ATC facility providing air traffic services to the airspace airspace until the pilot receives permission to switch frequency and the primary airport. That must be done prior to enter- and contact Class C departure. This scenario presents an intering the airspace, and communications must be maintained esting dilemma for pilots.” while in that airspace and as instructed by ATC. For Class B The FAA chief counsel answers that “a pilot that establishes airspace, the basic communications requirement is the same communication with the satellite’s operating control tower and and arguably more stringent in that all aircraft in that airspace is then instructed to remain on frequency is not in violation of must operate with an ATC clearance. For airports in Class E Section 91.130(c)(2)(i) by remaining in communication with controlled airspace, the basic communications requirement is that tower. The pilot need not establish subsequent communistill the same but less stringent in that the airspace in which the cation with a separate ATC facility to satisfy the requirement… communications requirement applies is smaller, and uniform unless instructed to do so by the satellite airport’s operating for all airports in Class E airspace. The airspace is uniformly control tower.” A good answer for pilots. defined to include 4 nm from the airport, up to and including The interpretation reminds us that FAA ATC procedures 2,500 feet agl (expressed in mean sea level on the aeronau- require that there be coordination between the controllers tical charts). Even if the airport is in Class G (uncontrolled) controlling adjacent airspaces. Pilots usually are not privy to airspace, and has an operating control tower, the basic com- the coordination between the different facilities, though they munications requirement and the “communications” airspace are generally aware that it occurs. In a situation where the condimensions, though uncontrolled, are the same as Class E con- troller does not want the pilot to change frequency but the pilot trolled airspace. is expecting or may want a frequency change, the controller is The added complexity of the requirement comes with directed to instruct the pilot to “remain this frequency.” That is departures from a satellite airport, and the requirement differs what is postulated in the scenario presented. The answer is that depending on whether the satellite airport has an operating the pilot must comply with the instruction, even if it takes the control tower. A pilot departing from a satellite airport that aircraft into airspace controlled by a different ATC facility. The has an operating control tower “must establish and maintain pilot may presume that coordination has taken place. two-way radio communications with the control tower, and In case there is any doubt, there is another regulation thereafter as instructed by ATC,” while operating in that air- binding on us that is relevant to the situation. It is the admospace (this provision, applicable to a satellite airport with an nition in FAR 91.123 that when a pilot is uncertain of an ATC operating control tower, is involved in the interpretation I will clearance (and equally true of an instruction), that pilot shall discuss). The requirement is necessarily different for a pilot immediately request clarification from ATC. 36 • MARCH 2012

AOPA PILOT •

AOPA Pilot Magazine - March 2012

Table of Contents for the Digital Edition of AOPA Pilot Magazine - March 2012