Narrative:

Proceeding on milton arrival to lga, a small cell of WX appeared in front of us between marrc and biley intersection. Captain elected to turn right to avoid it while ATC directed us to proceed to biley and hold. I was not able to get ATC to allow us to deviate left or right. Captain took over radio and said emphatically that we couldn't go to biley. ATC would not acknowledge him, so he squawked 7700 and proceeded to deviation right. As soon as we could, we proceeded to biley. ATC then acknowledged our 7700 squawk. No traffic conflicts were stated by ATC. The major problem was inability to communicate with ATC at a crucial time due to heavy frequency usage.

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Original NASA ASRS Text

Title: A B737 ACR FLC EXERCISES THE CAPT'S EMER AUTH TO AVOID A TSTM WHEN THEY WERE UNABLE TO USE RADIO TO COMMUNICATE WITH ARTCC DUE TO FREQ CONGESTION.

Narrative: PROCEEDING ON MILTON ARR TO LGA, A SMALL CELL OF WX APPEARED IN FRONT OF US BTWN MARRC AND BILEY INTXN. CAPT ELECTED TO TURN R TO AVOID IT WHILE ATC DIRECTED US TO PROCEED TO BILEY AND HOLD. I WAS NOT ABLE TO GET ATC TO ALLOW US TO DEVIATE L OR R. CAPT TOOK OVER RADIO AND SAID EMPHATICALLY THAT WE COULDN'T GO TO BILEY. ATC WOULD NOT ACKNOWLEDGE HIM, SO HE SQUAWKED 7700 AND PROCEEDED TO DEV R. AS SOON AS WE COULD, WE PROCEEDED TO BILEY. ATC THEN ACKNOWLEDGED OUR 7700 SQUAWK. NO TFC CONFLICTS WERE STATED BY ATC. THE MAJOR PROB WAS INABILITY TO COMMUNICATE WITH ATC AT A CRUCIAL TIME DUE TO HVY FREQ USAGE.

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.