Atx light transport on positioning flight was refused flight planned altitude due radio communication frequency availability. Altitude deviation occurred while working with radio problem.

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Attributes
ACN	95059
Time
Date	198809
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : buf
State Reference	NY
Altitude	msl bound lower : 24000 msl bound upper : 24500
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zob
Operator	common carrier : air taxi
Make Model Name	Light Transport, Low Wing, 2 Turbojet Eng
Flight Phase	climbout : intermediate altitude cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air taxi
Function	flight crew : captain oversight : pic
Qualification	pilot : instrument pilot : commercial pilot : atp pilot : cfi
Experience	flight time last 90 days : 90 flight time total : 5300 flight time type : 300
ASRS Report	95059
Person 2
Affiliation	company : air taxi
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	aircraft equipment problem : less severe altitude deviation : overshoot
Independent Detector	other controllera other flight crewa
Resolutory Action	flight crew : returned to intended course or assigned course
Consequence	faa : reviewed incident with flight crew Other
Supplementary
Primary Problem	Aircraft
Air Traffic Incident	Pilot Deviation other

Narrative:

After takeoff we were denied a high cruising altitude because our 720 channel communication radio was inoperative. Therefore we used more fuel than planned and we declared a low fuel situation to ATC. Copilot was flying and apparently left assigned altitude while pilot was dealing with a radio problem. Callback conversation with reporter revealed the following: the radio problem was caused by the 720 channel radio being installed in the wrong position and was thus matched with the wrong control head. Reporter thinks the error may have been intentional since contract maintenance was performed by a competitor. On a subsequent flight crew reporter was able to get the higher requested altitude from a different center and he thinks he was too aggressive with ZOB and they held him down as punishment for his attitude. The altitude deviation was said to be 500'. Minimum fuel was loaded because of differential fuel prices. Says this is necessary to stay in the atx business.

Original NASA ASRS Text

Title: ATX LTT ON POSITIONING FLT WAS REFUSED FLT PLANNED ALT DUE RADIO COM FREQ AVAILABILITY. ALT DEVIATION OCCURRED WHILE WORKING WITH RADIO PROBLEM.

Narrative: AFTER TKOF WE WERE DENIED A HIGH CRUISING ALT BECAUSE OUR 720 CHANNEL COM RADIO WAS INOP. THEREFORE WE USED MORE FUEL THAN PLANNED AND WE DECLARED A LOW FUEL SITUATION TO ATC. COPLT WAS FLYING AND APPARENTLY LEFT ASSIGNED ALT WHILE PLT WAS DEALING WITH A RADIO PROB. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING: THE RADIO PROB WAS CAUSED BY THE 720 CHANNEL RADIO BEING INSTALLED IN THE WRONG POS AND WAS THUS MATCHED WITH THE WRONG CTL HEAD. REPORTER THINKS THE ERROR MAY HAVE BEEN INTENTIONAL SINCE CONTRACT MAINT WAS PERFORMED BY A COMPETITOR. ON A SUBSEQUENT FLT CREW RPTR WAS ABLE TO GET THE HIGHER REQUESTED ALT FROM A DIFFERENT CENTER AND HE THINKS HE WAS TOO AGGRESSIVE WITH ZOB AND THEY HELD HIM DOWN AS PUNISHMENT FOR HIS ATTITUDE. THE ALT DEVIATION WAS SAID TO BE 500'. MINIMUM FUEL WAS LOADED BECAUSE OF DIFFERENTIAL FUEL PRICES. SAYS THIS IS NECESSARY TO STAY IN THE ATX BUSINESS.

Data retrieved from NASA's ASRS site as of August 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.