B767 crew found they were having severe intelligibility problems understanding the departure controller. This lead to loss of legal separation in N90 class B.

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Attributes
ACN	564322
Time
Date	200210
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : cri.vor
State Reference	NY
Altitude	msl bound lower : 5000 msl bound upper : 5600
Environment
Flight Conditions	Mixed
Light	Night
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	B767 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	other other vortac
Flight Phase	climbout : intermediate altitude
Route In Use	departure : on vectors departure sid : kennedy 9
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : n90.tracon
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : private pilot : multi engine pilot : instrument pilot : flight engineer pilot : commercial pilot : atp
Experience	flight time last 90 days : 210 flight time total : 8000 flight time type : 2500
ASRS Report	564322
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Events
Anomaly	conflict : airborne critical other anomaly other
Independent Detector	other flight crewa other flight crewb
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	vertical : 500
Supplementary
Problem Areas	ATC Facility
Primary Problem	ATC Facility
Air Traffic Incident	other
Situations
ATC Facility	communication equipment : n90.tracon

Narrative:

Air carrier X flight abc departing jfk on kennedy 9 breezy pt climb, switched to departure on 135.9. Cleared to 11000 ft, then while on inbound to cri was given left turn to 170 degree heading. Shortly after initiating turn controller tried to call us, but he was unreadable call sign ok, but nothing else. He was getting agitated and repeating instructions. Believe he was calling traffic at 6000 ft as we were passing 5600 ft. Began immediate descent to 5000 ft which sounded like he was giving and started turn to right. Couldn't understand heading he was calling for, believed it was 250 degrees or 270 degrees. Leveled at 5000 ft in right 30 degree angle of bank frequency change. New controller stated 'that's the last frequency we have' when captain discussed inability to understand first controller.

Original NASA ASRS Text

Title: B767 CREW FOUND THEY WERE HAVING SEVERE INTELLIGIBILITY PROBS UNDERSTANDING THE DEP CTLR. THIS LEAD TO LOSS OF LEGAL SEPARATION IN N90 CLASS B.

Narrative: ACR X FLT ABC DEPARTING JFK ON KENNEDY 9 BREEZY PT CLB, SWITCHED TO DEP ON 135.9. CLRED TO 11000 FT, THEN WHILE ON INBOUND TO CRI WAS GIVEN L TURN TO 170 DEG HDG. SHORTLY AFTER INITIATING TURN CTLR TRIED TO CALL US, BUT HE WAS UNREADABLE CALL SIGN OK, BUT NOTHING ELSE. HE WAS GETTING AGITATED AND REPEATING INSTRUCTIONS. BELIEVE HE WAS CALLING TFC AT 6000 FT AS WE WERE PASSING 5600 FT. BEGAN IMMEDIATE DSCNT TO 5000 FT WHICH SOUNDED LIKE HE WAS GIVING AND STARTED TURN TO R. COULDN'T UNDERSTAND HEADING HE WAS CALLING FOR, BELIEVED IT WAS 250 DEGS OR 270 DEGS. LEVELED AT 5000 FT IN R 30 DEG ANGLE OF BANK FREQ CHANGE. NEW CTLR STATED 'THAT'S THE LAST FREQ WE HAVE' WHEN CAPT DISCUSSED INABILITY TO UNDERSTAND FIRST CTLR.

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.