Narrative:

While being vectored for a left downwind on a 240 degree heading to the ILS runway 5 approach, I informed the controller that, due to WX being displayed on our radar in red, from our 11 O'clock position to 2 O'clock position, that we needed to turn to 200 degrees to avoid heavy precipitation. I received no response. When I asked again for a left turn, I was told that the controller was working 6 frequencys. Eventually, after being told to stand by, I said we needed to turn. When the controller failed to acknowledge our request, I had the first officer (PF) turn to 200 degrees. I announced this to the controller. He informed us that we were using emergency discretion for the turn. I said that I didn't use those words. He then turned us to 090 degrees, but did not say what for. I asked, and he said this was a vector for the approach. (Earlier on downwind, I requested a turn inside mcden intersection to avoid a cell of heavy rain over the marker. This request was denied. I informed him that we painted heavy rain at mcden and repeated our request with no acknowledgement.) after the 090 degree heading, I think he gave us 160 degrees, then 180 degree heading. This heading (180 degrees) was going to place us right into a heavy rain cell of maybe 2 mi in diameter. When I said we couldn't fly 180 degrees, he turned us to 360 degrees and climbed us to 4000 ft MSL. We were told to hold at vuz, and efc on the hour (50 mins). We could not accept this due to fuel considerations and told him so. We were ignored for about 2 or 3 mins. Then he told us we were in violation of an ATC clearance. We asked 3 times for vectors to final and he finally gave it to us. We had to declare critical fuel or he would have put us #5 for the approach. Landing uneventful. Callback conversation with reporter revealed the following information: this is the only time the reporter had such an experience with a controller. Reporter called and discussed situation with facility supervisor to obtain resolution.

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Original NASA ASRS Text

Title: F100 FLC CONCERNED WITH BHM CTLR DELAYING RESPONSE TO IMPENDING WX CONDITIONS, AND SUBSEQUENT CTLR XMISSIONS AND CTL ACTIONS.

Narrative: WHILE BEING VECTORED FOR A L DOWNWIND ON A 240 DEG HDG TO THE ILS RWY 5 APCH, I INFORMED THE CTLR THAT, DUE TO WX BEING DISPLAYED ON OUR RADAR IN RED, FROM OUR 11 O'CLOCK POS TO 2 O'CLOCK POS, THAT WE NEEDED TO TURN TO 200 DEGS TO AVOID HVY PRECIP. I RECEIVED NO RESPONSE. WHEN I ASKED AGAIN FOR A L TURN, I WAS TOLD THAT THE CTLR WAS WORKING 6 FREQS. EVENTUALLY, AFTER BEING TOLD TO STAND BY, I SAID WE NEEDED TO TURN. WHEN THE CTLR FAILED TO ACKNOWLEDGE OUR REQUEST, I HAD THE FO (PF) TURN TO 200 DEGS. I ANNOUNCED THIS TO THE CTLR. HE INFORMED US THAT WE WERE USING EMER DISCRETION FOR THE TURN. I SAID THAT I DIDN'T USE THOSE WORDS. HE THEN TURNED US TO 090 DEGS, BUT DID NOT SAY WHAT FOR. I ASKED, AND HE SAID THIS WAS A VECTOR FOR THE APCH. (EARLIER ON DOWNWIND, I REQUESTED A TURN INSIDE MCDEN INTXN TO AVOID A CELL OF HVY RAIN OVER THE MARKER. THIS REQUEST WAS DENIED. I INFORMED HIM THAT WE PAINTED HVY RAIN AT MCDEN AND REPEATED OUR REQUEST WITH NO ACKNOWLEDGEMENT.) AFTER THE 090 DEG HDG, I THINK HE GAVE US 160 DEGS, THEN 180 DEG HDG. THIS HDG (180 DEGS) WAS GOING TO PLACE US RIGHT INTO A HVY RAIN CELL OF MAYBE 2 MI IN DIAMETER. WHEN I SAID WE COULDN'T FLY 180 DEGS, HE TURNED US TO 360 DEGS AND CLBED US TO 4000 FT MSL. WE WERE TOLD TO HOLD AT VUZ, AND EFC ON THE HR (50 MINS). WE COULD NOT ACCEPT THIS DUE TO FUEL CONSIDERATIONS AND TOLD HIM SO. WE WERE IGNORED FOR ABOUT 2 OR 3 MINS. THEN HE TOLD US WE WERE IN VIOLATION OF AN ATC CLRNC. WE ASKED 3 TIMES FOR VECTORS TO FINAL AND HE FINALLY GAVE IT TO US. WE HAD TO DECLARE CRITICAL FUEL OR HE WOULD HAVE PUT US #5 FOR THE APCH. LNDG UNEVENTFUL. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THIS IS THE ONLY TIME THE RPTR HAD SUCH AN EXPERIENCE WITH A CONTROLLER. RPTR CALLED AND DISCUSSED SIT WITH FACILITY SUPVR TO OBTAIN RESOLUTION.

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.