Narrative:

A long time friend, pilot and viet nam vet died of cancer. His family wanted a helicopter over his burial. I happily agreed. The cemetery funeral director at the national cemetery was aware of the flight. Using news tv call sign I departed ral to the ese towards march AFB. The cemetery is approximately 1 mi west of march. I contacted march tower approximately 5 mi wnw and was given a transponder code, cleared into the class C airspace. I asked permission to hold, clear of runway ctrlines, until the grave side service was at an appropriate place for my fly over. I explained to the tower my intentions and was given permission for everything I requested. Tower pointed out a C141 making gca approachs. I replied that I had him in sight and was maintaining visual separation. I held in this area west of the 215 freeway approximately 4 mi north of march until approximately XXXX. I always responded to tower's point out of traffic -- never above 500 ft AGL. I requested and received permission from march tower to proceed slowly down the freeway towards the cemetery so that I could receive cues via radio from the grave site as to when I was needed. During my transition the tower pointed out a C130 taking runway. No problem seeing the aircraft. I was always west of the 215 freeway. As I approached the cemetery still unable on my secondary radio to contact the grave site, the tower, out of nowhere says: 'you're going to have to clear the class C airspace. Before you can cover a news event at march you have to have prior permission from the commanding officer.' I replied that although I was normally a television helicopter, today I had no cameraman on board and my only mission was to pay respects to a comrade. At that point I believe the tower did not immediately reply. The grave site did contact me and asked me to wait another 5 mins. I moved about 1 mi northwest of the graveyard, literally thousands of acres of open land, and held at 250 ft AGL. The tower again contacted me and told me to leave the class C airspace. I said no. I was not conflicting with traffic in any way shape or form. I was not presenting any problem whatsoever and I was not taking pictures for a news story. I was there only because I had promised my friend's family I would be. I again explained the whole situation. The tower at no time stated that I was conflicting with traffic, only that it was their airspace and I was a news ship. I flew my respects over the grave site and called tower that I had completed and was departing northwest. Tower stated they were filing against me. I believe that the tower acted in a non-professional manner. There obviously was no air traffic problem being created by my aircraft and the tower arbitrarily tried to prevent me from completing my assigned mission.

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Original NASA ASRS Text

Title: HELI NON ADHERENCE TO ATC INSTRUCTION IN CLASS C AIRSPACE REFUSED INSTRUCTION TO DEPART AIRSPACE.

Narrative: A LONG TIME FRIEND, PLT AND VIET NAM VET DIED OF CANCER. HIS FAMILY WANTED A HELI OVER HIS BURIAL. I HAPPILY AGREED. THE CEMETERY FUNERAL DIRECTOR AT THE NATIONAL CEMETERY WAS AWARE OF THE FLT. USING NEWS TV CALL SIGN I DEPARTED RAL TO THE ESE TOWARDS MARCH AFB. THE CEMETERY IS APPROX 1 MI W OF MARCH. I CONTACTED MARCH TWR APPROX 5 MI WNW AND WAS GIVEN A XPONDER CODE, CLRED INTO THE CLASS C AIRSPACE. I ASKED PERMISSION TO HOLD, CLR OF RWY CTRLINES, UNTIL THE GRAVE SIDE SVC WAS AT AN APPROPRIATE PLACE FOR MY FLY OVER. I EXPLAINED TO THE TWR MY INTENTIONS AND WAS GIVEN PERMISSION FOR EVERYTHING I REQUESTED. TWR POINTED OUT A C141 MAKING GCA APCHS. I REPLIED THAT I HAD HIM IN SIGHT AND WAS MAINTAINING VISUAL SEPARATION. I HELD IN THIS AREA W OF THE 215 FREEWAY APPROX 4 MI N OF MARCH UNTIL APPROX XXXX. I ALWAYS RESPONDED TO TWR'S POINT OUT OF TFC -- NEVER ABOVE 500 FT AGL. I REQUESTED AND RECEIVED PERMISSION FROM MARCH TWR TO PROCEED SLOWLY DOWN THE FREEWAY TOWARDS THE CEMETERY SO THAT I COULD RECEIVE CUES VIA RADIO FROM THE GRAVE SITE AS TO WHEN I WAS NEEDED. DURING MY TRANSITION THE TWR POINTED OUT A C130 TAKING RWY. NO PROB SEEING THE ACFT. I WAS ALWAYS W OF THE 215 FREEWAY. AS I APCHED THE CEMETERY STILL UNABLE ON MY SECONDARY RADIO TO CONTACT THE GRAVE SITE, THE TWR, OUT OF NOWHERE SAYS: 'YOU'RE GOING TO HAVE TO CLR THE CLASS C AIRSPACE. BEFORE YOU CAN COVER A NEWS EVENT AT MARCH YOU HAVE TO HAVE PRIOR PERMISSION FROM THE COMMANDING OFFICER.' I REPLIED THAT ALTHOUGH I WAS NORMALLY A TELEVISION HELI, TODAY I HAD NO CAMERAMAN ON BOARD AND MY ONLY MISSION WAS TO PAY RESPECTS TO A COMRADE. AT THAT POINT I BELIEVE THE TWR DID NOT IMMEDIATELY REPLY. THE GRAVE SITE DID CONTACT ME AND ASKED ME TO WAIT ANOTHER 5 MINS. I MOVED ABOUT 1 MI NW OF THE GRAVEYARD, LITERALLY THOUSANDS OF ACRES OF OPEN LAND, AND HELD AT 250 FT AGL. THE TWR AGAIN CONTACTED ME AND TOLD ME TO LEAVE THE CLASS C AIRSPACE. I SAID NO. I WAS NOT CONFLICTING WITH TFC IN ANY WAY SHAPE OR FORM. I WAS NOT PRESENTING ANY PROB WHATSOEVER AND I WAS NOT TAKING PICTURES FOR A NEWS STORY. I WAS THERE ONLY BECAUSE I HAD PROMISED MY FRIEND'S FAMILY I WOULD BE. I AGAIN EXPLAINED THE WHOLE SIT. THE TWR AT NO TIME STATED THAT I WAS CONFLICTING WITH TFC, ONLY THAT IT WAS THEIR AIRSPACE AND I WAS A NEWS SHIP. I FLEW MY RESPECTS OVER THE GRAVE SITE AND CALLED TWR THAT I HAD COMPLETED AND WAS DEPARTING NW. TWR STATED THEY WERE FILING AGAINST ME. I BELIEVE THAT THE TWR ACTED IN A NON-PROFESSIONAL MANNER. THERE OBVIOUSLY WAS NO AIR TFC PROB BEING CREATED BY MY ACFT AND THE TWR ARBITRARILY TRIED TO PREVENT ME FROM COMPLETING MY ASSIGNED MISSION.

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.