Narrative:

Per clearance, initiated a descent to 17000 ft from FL230. At this time, was advised to expect to cross 40 DME out of tys at 11000 ft. During descent received clearance to 14000 ft. Increased rate from 2000 FPM to 2500 FPM. Discussion with first officer revealed some confusion as to whether we were still to cross 40 DME out at 11000 ft. Our clearance was to tys via vxv. The expect was to cross 40 DME out of tys at 11000 ft. When we received the clearance to 11000 ft, we were passing 17000 ft and only 2 mi from the '40 DME out of vxv' crossing restr. Several attempts to notify ATC that we would be unable to comply were blocked by other radio traffic -- as the frequency was very busy. Upon handoff to next frequency, the controller testily pointed out that we had missed our crossing restr. I then advised him that we had attempted to notify him, we would be unable, due to the confusion about the fix being used, and was rudely told that vxv and tys were only 2 mi apart. No further xmissions were made with this controller. The crossing restr of '40 DME out of vxv' was missed by about 4 mi. The controller was wrong. The distance from vxv to tys is 7 mi, plenty of additional distance to have made the crossing restr of '40 DME out of tys' at 11000 ft via our flight plan. Every effort was made to comply with the altered clearance -- power idle, flight spoiler fully deployed, approximately 4000 FPM rate of descent. Contributing factors -- late clearance, changed clearance, failure to verify position before accepting clearance, busy frequency for radio xmissions.

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Original NASA ASRS Text

Title: ACR COMMUTER FLC ACKNOWLEDGES DSCNT CLRNC WITH XING RESTR, BUT MISTAKES NAVAID INVOLVED. ATTEMPTING TO RESOLVE CLRNC, FLC RECEIVES FREQ CHANGE, NOT MEETING THE RESTR. PIC BELIEVES THEY WERE RUDELY DEALT WITH BY TRACON APCH CTLR WHEN MAKING THEIR CASE FOR NOT MEETING THE RESTR. PLT ACKNOWLEDGES FREQ CONGESTION AND COMPLEXITY AS CONTRIBUTING FACTORS.

Narrative: PER CLRNC, INITIATED A DSCNT TO 17000 FT FROM FL230. AT THIS TIME, WAS ADVISED TO EXPECT TO CROSS 40 DME OUT OF TYS AT 11000 FT. DURING DSCNT RECEIVED CLRNC TO 14000 FT. INCREASED RATE FROM 2000 FPM TO 2500 FPM. DISCUSSION WITH FO REVEALED SOME CONFUSION AS TO WHETHER WE WERE STILL TO CROSS 40 DME OUT AT 11000 FT. OUR CLRNC WAS TO TYS VIA VXV. THE EXPECT WAS TO CROSS 40 DME OUT OF TYS AT 11000 FT. WHEN WE RECEIVED THE CLRNC TO 11000 FT, WE WERE PASSING 17000 FT AND ONLY 2 MI FROM THE '40 DME OUT OF VXV' XING RESTR. SEVERAL ATTEMPTS TO NOTIFY ATC THAT WE WOULD BE UNABLE TO COMPLY WERE BLOCKED BY OTHER RADIO TFC -- AS THE FREQ WAS VERY BUSY. UPON HDOF TO NEXT FREQ, THE CTLR TESTILY POINTED OUT THAT WE HAD MISSED OUR XING RESTR. I THEN ADVISED HIM THAT WE HAD ATTEMPTED TO NOTIFY HIM, WE WOULD BE UNABLE, DUE TO THE CONFUSION ABOUT THE FIX BEING USED, AND WAS RUDELY TOLD THAT VXV AND TYS WERE ONLY 2 MI APART. NO FURTHER XMISSIONS WERE MADE WITH THIS CTLR. THE XING RESTR OF '40 DME OUT OF VXV' WAS MISSED BY ABOUT 4 MI. THE CTLR WAS WRONG. THE DISTANCE FROM VXV TO TYS IS 7 MI, PLENTY OF ADDITIONAL DISTANCE TO HAVE MADE THE XING RESTR OF '40 DME OUT OF TYS' AT 11000 FT VIA OUR FLT PLAN. EVERY EFFORT WAS MADE TO COMPLY WITH THE ALTERED CLRNC -- PWR IDLE, FLT SPOILER FULLY DEPLOYED, APPROX 4000 FPM RATE OF DSCNT. CONTRIBUTING FACTORS -- LATE CLRNC, CHANGED CLRNC, FAILURE TO VERIFY POS BEFORE ACCEPTING CLRNC, BUSY FREQ FOR RADIO XMISSIONS.

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.