Narrative:

In the ZMA pbi LOA aircraft entering the sheds air traffic area from sectors 3 and 4 are handed off to pbi from 4;000 to 8;000 ft at even altitudes. Pbi approach has control for turns and lower within the air traffic area down to 4;000 ft when sectors 3 and 4 are combined and down to 5;000 ft when the sectors are split and they have been notified of the split. If they wish to go below 5;000 when sectors are split they must point aircraft out to sector 3. I was working R4 when I observed a PA44 start to descend below 5;000. I glanced at the R3 radar scope and noticed the aircraft was not on their display; I pvd aircraft to sector 3 and advised them what was happening. There were no aircraft in the area affected. The D3 controller called pbi and advised them once again sectors were split; they had been notified at least twice before. The response from pbi was we know we are putting everyone on correct frequency. The D3 controller responded that the PA44 was point out approved with sector 3. It appears pbi controllers were oblivious to their responsibilities per the LOA. Recommendation; the pbi controllers should be educated has to LOA requirements and responsibilities. The LOA should be amended to eliminate the option to descend below 5;000 that way they don't have to worry about violating sector 3 anymore. This is not the first time this sort of incident has occurred; luckily it has not resulted in a loss of separation yet; but who knows how long that luck will hold out. If they continue to have control to descend to 4;000 then perhaps they should develop a better system to notate that sectors 3 and 4 are split.

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Original NASA ASRS Text

Title: ZMA Controller listed an LOA infraction by PBI and noted this type of non-concurrence to the existing ZMA/PBI LOA is on going.

Narrative: In the ZMA PBI LOA aircraft entering the SHEDS ATA from Sectors 3 and 4 are handed off to PBI from 4;000 to 8;000 FT at even altitudes. PBI Approach has control for turns and lower within the ATA down to 4;000 FT when Sectors 3 and 4 are combined and down to 5;000 FT when the sectors are split and they have been notified of the split. If they wish to go below 5;000 when sectors are split they must point aircraft out to Sector 3. I was working R4 when I observed a PA44 start to descend below 5;000. I glanced at The R3 RADAR scope and noticed the aircraft was not on their display; I PVD aircraft to Sector 3 and advised them what was happening. There were no aircraft in the area affected. The D3 Controller called PBI and advised them once again sectors were split; they had been notified at least twice before. The response from PBI was we know we are putting everyone on correct frequency. The D3 Controller responded that the PA44 was point out approved with Sector 3. It appears PBI Controllers were oblivious to their responsibilities per the LOA. Recommendation; the PBI controllers should be educated has to LOA requirements and responsibilities. The LOA should be amended to eliminate the option to descend below 5;000 that way they don't have to worry about violating Sector 3 anymore. This is not the first time this sort of incident has occurred; luckily it has not resulted in a loss of separation yet; but who knows how long that luck will hold out. If they continue to have control to descend to 4;000 then perhaps they should develop a better system to notate that Sectors 3 and 4 are split.

Data retrieved from NASA's ASRS site as of April 2012 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.