Narrative:

Departing aiy, an uncontrolled airport underlying the acy arsa, VFR, I had trouble getting a 2-WAY communication established. Attempts to reach acy approach on the ground were unsuccessful. Using far 91.130(D)2 as a guide, we departed and tried to establish communication. 6 xmissions were either blocked or ignored. I was first instructed to change frequencys and did so. The controller's second instruction was to, 'remain outside the arsa.' I advised him that we were already in the arsa as we were talking to him, and surrounded by arsa, tall bldgs to the east and water south and north. He stated, 'I told you to remain clear of the arsa, and I expect you to do so!!' despite the vague wording of far 91.130(C), 2 things are clear: the controller and I were talking and he gave me a frequency change, with which I complied, so entering the arsa is a moot point. Far 91.130(C) clearly distinguishes arsa's from TCA's (see far 91.131(a)1, in that while a prior clearance is required for TCA operation, arsa's require the establishment and maintenance of 2-WAY communication only, not a clearance. Routinely, controller's first response to call up near arsa's includes, 'remain clear,' and usually, and I believe deliberately, does not include the calling aircraft's north#, for cya reasons. This clearly goes beyond the intent and scope of arsa's, making that airspace a 'mini-TCA.' controllers cite far 91.123(B) as 'the big stick' in these situations. Their reasoning is flawed. To arbitrarily restrict access just because one can, is to lose sight of the fact that ATC is there to serve pilots first, not make up new rules. In this case, the only traffic conflict was the one the controller tried to create by restricting my aircraft and 2 others from 'his' arsa. Study the washington sectional, see that water surrounds aiy. Where there is no water, tall bldgs and many people mill about! To be forced to fly, single engine, at 1200' down a bay or swamp, or over casinos at lower than safe altitudes, is unacceptable. I chose to climb, east of the airport (acy) to 4500' and proceed on course. Acy controllers took the time to ask phl approach to get my #, when they could have worked with me. This malicious attitude is more and more obvious in my dealings with ATC as a light aircraft pilot. On the other hand, I'm treated with professional deference and courtesy when in the left seat of the air carrier medium large transport. I fly for a major carrier. The double standard is blatant. A little common sense would have made this situation safer for all.

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Original NASA ASRS Text

Title: GA PLT OPERATES FROM SATELLITE ARPT WITHIN ACY ARSA.

Narrative: DEPARTING AIY, AN UNCONTROLLED ARPT UNDERLYING THE ACY ARSA, VFR, I HAD TROUBLE GETTING A 2-WAY COM ESTABLISHED. ATTEMPTS TO REACH ACY APCH ON THE GND WERE UNSUCCESSFUL. USING FAR 91.130(D)2 AS A GUIDE, WE DEPARTED AND TRIED TO ESTABLISH COM. 6 XMISSIONS WERE EITHER BLOCKED OR IGNORED. I WAS FIRST INSTRUCTED TO CHANGE FREQS AND DID SO. THE CTLR'S SECOND INSTRUCTION WAS TO, 'REMAIN OUTSIDE THE ARSA.' I ADVISED HIM THAT WE WERE ALREADY IN THE ARSA AS WE WERE TALKING TO HIM, AND SURROUNDED BY ARSA, TALL BLDGS TO THE E AND WATER S AND N. HE STATED, 'I TOLD YOU TO REMAIN CLR OF THE ARSA, AND I EXPECT YOU TO DO SO!!' DESPITE THE VAGUE WORDING OF FAR 91.130(C), 2 THINGS ARE CLR: THE CTLR AND I WERE TALKING AND HE GAVE ME A FREQ CHANGE, WITH WHICH I COMPLIED, SO ENTERING THE ARSA IS A MOOT POINT. FAR 91.130(C) CLEARLY DISTINGUISHES ARSA'S FROM TCA'S (SEE FAR 91.131(A)1, IN THAT WHILE A PRIOR CLRNC IS REQUIRED FOR TCA OPERATION, ARSA'S REQUIRE THE ESTABLISHMENT AND MAINT OF 2-WAY COM ONLY, NOT A CLRNC. ROUTINELY, CTLR'S FIRST RESPONSE TO CALL UP NEAR ARSA'S INCLUDES, 'REMAIN CLR,' AND USUALLY, AND I BELIEVE DELIBERATELY, DOES NOT INCLUDE THE CALLING ACFT'S N#, FOR CYA REASONS. THIS CLEARLY GOES BEYOND THE INTENT AND SCOPE OF ARSA'S, MAKING THAT AIRSPACE A 'MINI-TCA.' CTLRS CITE FAR 91.123(B) AS 'THE BIG STICK' IN THESE SITUATIONS. THEIR REASONING IS FLAWED. TO ARBITRARILY RESTRICT ACCESS JUST BECAUSE ONE CAN, IS TO LOSE SIGHT OF THE FACT THAT ATC IS THERE TO SERVE PLTS FIRST, NOT MAKE UP NEW RULES. IN THIS CASE, THE ONLY TFC CONFLICT WAS THE ONE THE CTLR TRIED TO CREATE BY RESTRICTING MY ACFT AND 2 OTHERS FROM 'HIS' ARSA. STUDY THE WASHINGTON SECTIONAL, SEE THAT WATER SURROUNDS AIY. WHERE THERE IS NO WATER, TALL BLDGS AND MANY PEOPLE MILL ABOUT! TO BE FORCED TO FLY, SINGLE ENG, AT 1200' DOWN A BAY OR SWAMP, OR OVER CASINOS AT LOWER THAN SAFE ALTS, IS UNACCEPTABLE. I CHOSE TO CLB, E OF THE ARPT (ACY) TO 4500' AND PROCEED ON COURSE. ACY CTLRS TOOK THE TIME TO ASK PHL APCH TO GET MY #, WHEN THEY COULD HAVE WORKED WITH ME. THIS MALICIOUS ATTITUDE IS MORE AND MORE OBVIOUS IN MY DEALINGS WITH ATC AS A LIGHT ACFT PLT. ON THE OTHER HAND, I'M TREATED WITH PROFESSIONAL DEFERENCE AND COURTESY WHEN IN THE LEFT SEAT OF THE ACR MLG. I FLY FOR A MAJOR CARRIER. THE DOUBLE STANDARD IS BLATANT. A LITTLE COMMON SENSE WOULD HAVE MADE THIS SITUATION SAFER FOR ALL.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.