Narrative:

We just started B737 operations from ZZZ to sju. Our B737's only have VHF radio and to comply with far 121.99 along our route of flight air carrier station of private radio is required. I dispatched a flight along that route ZZZ to sju on jan/mon/02, unaware that the air carrier station of private radio was inoperative. We don't have procedures in effect on how to verify the availability of that station. I was not told it was OTS so I assumed it was available. Today, jan/tue/02, I was told the station has been OTS since jan/fri/02. Some of the dispatchers here were aware of this, but I was not notified prior to dispatching the flight. As of today our manager has made procedures to check the availability of the stations prior to sending an aircraft without HF radios. In the future I will call private radio myself to verify the availability of these stations before I dispatch a flight requiring VHF radio communication. Supplemental information from acn 535353: on jan/wed/02 started B737 service from ZZZ-sju. The B737 aircraft do not have HF radios and use VHF radios to comply with the far 121.99. This coverage was to be accomplished by using private radio. This requires the use of both X and Y stations. On jan/thu/02, a fellow dispatcher attempted to contact their flight through private radio and was not successful with the X station and successful with the Y station. My shift ended at XA00 local and further tested and phone calls were being made. The following day I asked my manager for an update on the testing. I was advised the private radio advised him that there was a problem with the X station and they would fix it. My manager also advised me and others that nyc operator has a VHF station in X and that was our backup. Later that day I proceeded to dispatch aircraft X, ZZZ-sju and aircraft X sju-ZZZ, assuming that all was operational. We did not have any procedures to check stations or to contact each flight both flight operated without incident. On jan/tue/02, I returned to work after 3 days off and in talking with fellow dispatchers I learned that they were not aware that there had been previous problems with private radio. The international dispatcher then proceeded to contact aircraft with no success and learned from private radio that the X station was OTS since jan/fri/02, and would be operational XA00 local. At that time the next B737 notation from ZZZ-sju was canceled pending confirmation of the X station working and at that point the plan to test communications were made. Callback conversation with reporter revealed the following information: the air carrier problems occurred in the first week of operation. The air carrier contracts with another air carrier that maintains several VHF radio stations that are used in their air carrier operation. During the startup air carrier proving flight the contracted VHF communication worked properly. At the beginning of passenger operation the contracting air carrier had one or more communication station OTS. Since this is a private communication operation, no NOTAMS were issued. The new air carrier has changed procedures and now requires a VHF communication check, with the contracting air carrier, prior to entry into the extended overwater operation. The startup air carrier is also installing HF radios in their overwater aircraft. This will then fully comply with far 12I.99.

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Original NASA ASRS Text

Title: B737 ACR WAS NOT IN COMPLIANCE WITH FAR 121 PT 99 REGARDING COM CAPABILITY OF ACFT IN EXTENDED OVERWATER OP.

Narrative: WE JUST STARTED B737 OPS FROM ZZZ TO SJU. OUR B737'S ONLY HAVE VHF RADIO AND TO COMPLY WITH FAR 121.99 ALONG OUR RTE OF FLT ACR STATION OF PVT RADIO IS REQUIRED. I DISPATCHED A FLT ALONG THAT RTE ZZZ TO SJU ON JAN/MON/02, UNAWARE THAT THE ACR STATION OF PVT RADIO WAS INOP. WE DON'T HAVE PROCS IN EFFECT ON HOW TO VERIFY THE AVAILABILITY OF THAT STATION. I WAS NOT TOLD IT WAS OTS SO I ASSUMED IT WAS AVAILABLE. TODAY, JAN/TUE/02, I WAS TOLD THE STATION HAS BEEN OTS SINCE JAN/FRI/02. SOME OF THE DISPATCHERS HERE WERE AWARE OF THIS, BUT I WAS NOT NOTIFIED PRIOR TO DISPATCHING THE FLT. AS OF TODAY OUR MGR HAS MADE PROCS TO CHK THE AVAILABILITY OF THE STATIONS PRIOR TO SENDING AN ACFT WITHOUT HF RADIOS. IN THE FUTURE I WILL CALL PVT RADIO MYSELF TO VERIFY THE AVAILABILITY OF THESE STATIONS BEFORE I DISPATCH A FLT REQUIRING VHF RADIO COM. SUPPLEMENTAL INFO FROM ACN 535353: ON JAN/WED/02 STARTED B737 SVC FROM ZZZ-SJU. THE B737 ACFT DO NOT HAVE HF RADIOS AND USE VHF RADIOS TO COMPLY WITH THE FAR 121.99. THIS COVERAGE WAS TO BE ACCOMPLISHED BY USING PVT RADIO. THIS REQUIRES THE USE OF BOTH X AND Y STATIONS. ON JAN/THU/02, A FELLOW DISPATCHER ATTEMPTED TO CONTACT THEIR FLT THROUGH PVT RADIO AND WAS NOT SUCCESSFUL WITH THE X STATION AND SUCCESSFUL WITH THE Y STATION. MY SHIFT ENDED AT XA00 LCL AND FURTHER TESTED AND PHONE CALLS WERE BEING MADE. THE FOLLOWING DAY I ASKED MY MGR FOR AN UPDATE ON THE TESTING. I WAS ADVISED THE PVT RADIO ADVISED HIM THAT THERE WAS A PROB WITH THE X STATION AND THEY WOULD FIX IT. MY MGR ALSO ADVISED ME AND OTHERS THAT NYC OPERATOR HAS A VHF STATION IN X AND THAT WAS OUR BACKUP. LATER THAT DAY I PROCEEDED TO DISPATCH ACFT X, ZZZ-SJU AND ACFT X SJU-ZZZ, ASSUMING THAT ALL WAS OPERATIONAL. WE DID NOT HAVE ANY PROCS TO CHK STATIONS OR TO CONTACT EACH FLT BOTH FLT OPERATED WITHOUT INCIDENT. ON JAN/TUE/02, I RETURNED TO WORK AFTER 3 DAYS OFF AND IN TALKING WITH FELLOW DISPATCHERS I LEARNED THAT THEY WERE NOT AWARE THAT THERE HAD BEEN PREVIOUS PROBS WITH PVT RADIO. THE INTL DISPATCHER THEN PROCEEDED TO CONTACT ACFT WITH NO SUCCESS AND LEARNED FROM PVT RADIO THAT THE X STATION WAS OTS SINCE JAN/FRI/02, AND WOULD BE OPERATIONAL XA00 LCL. AT THAT TIME THE NEXT B737 NOTATION FROM ZZZ-SJU WAS CANCELED PENDING CONFIRMATION OF THE X STATION WORKING AND AT THAT POINT THE PLAN TO TEST COMS WERE MADE. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE ACR PROBS OCCURRED IN THE FIRST WK OF OP. THE ACR CONTRACTS WITH ANOTHER ACR THAT MAINTAINS SEVERAL VHF RADIO STATIONS THAT ARE USED IN THEIR ACR OP. DURING THE STARTUP ACR PROVING FLT THE CONTRACTED VHF COM WORKED PROPERLY. AT THE BEGINNING OF PAX OP THE CONTRACTING ACR HAD ONE OR MORE COM STATION OTS. SINCE THIS IS A PVT COM OP, NO NOTAMS WERE ISSUED. THE NEW ACR HAS CHANGED PROCS AND NOW REQUIRES A VHF COM CHK, WITH THE CONTRACTING ACR, PRIOR TO ENTRY INTO THE EXTENDED OVERWATER OP. THE STARTUP ACR IS ALSO INSTALLING HF RADIOS IN THEIR OVERWATER ACFT. THIS WILL THEN FULLY COMPLY WITH FAR 12I.99.

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.