Narrative:

The phase of the flight in question begins on approach to morristown. We obtained a clearance from ny TRACON and were in turn assigned a squawk, 2500', and instructed to proceed direct to morristown airport. Because of radio congestion, at approximately eight mi ene of morristown, we tuned in the #2 radio to the morristown tower frequency and attempted to obtain an air traffic area clearance. We were then instructed by morristown tower to return back to approach control frequency even though we had continually monitored approach-control on the #1 radio. Because of the radio congestion and close proximity to morristown, we descended out of 2500' to 1500'. After a short conversation with TRACON, in which we apologized for the misunderstanding, we then returned to morristown tower frequency and obtained a clearance which ended in a normal landing. It is now my understanding that a deviation occurred. It is my opinion that this event occurred for the following reasons: frequency congestion made it extremely difficult to communication in a timely fashion. Controllers workload did not allow him to communication with us in a timely fashion. Callback conversation with reporter revealed following information: reporter advised they did in fact enter the air traffic area prior to contact with mmu tower. FAA is taking no action in the matter and he feels it has ended. Report filed just in case. No conflict developed.

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Original NASA ASRS Text

Title: PENETRATION OF ATA PRIOR TO ESTABLISHING COM.

Narrative: THE PHASE OF THE FLT IN QUESTION BEGINS ON APCH TO MORRISTOWN. WE OBTAINED A CLRNC FROM NY TRACON AND WERE IN TURN ASSIGNED A SQUAWK, 2500', AND INSTRUCTED TO PROCEED DIRECT TO MORRISTOWN ARPT. BECAUSE OF RADIO CONGESTION, AT APPROX EIGHT MI ENE OF MORRISTOWN, WE TUNED IN THE #2 RADIO TO THE MORRISTOWN TWR FREQ AND ATTEMPTED TO OBTAIN AN ATA CLRNC. WE WERE THEN INSTRUCTED BY MORRISTOWN TWR TO RETURN BACK TO APCH CTL FREQ EVEN THOUGH WE HAD CONTINUALLY MONITORED APCH-CTL ON THE #1 RADIO. BECAUSE OF THE RADIO CONGESTION AND CLOSE PROX TO MORRISTOWN, WE DESCENDED OUT OF 2500' TO 1500'. AFTER A SHORT CONVERSATION WITH TRACON, IN WHICH WE APOLOGIZED FOR THE MISUNDERSTANDING, WE THEN RETURNED TO MORRISTOWN TWR FREQ AND OBTAINED A CLRNC WHICH ENDED IN A NORMAL LNDG. IT IS NOW MY UNDERSTANDING THAT A DEVIATION OCCURRED. IT IS MY OPINION THAT THIS EVENT OCCURRED FOR THE FOLLOWING REASONS: FREQ CONGESTION MADE IT EXTREMELY DIFFICULT TO COM IN A TIMELY FASHION. CTLRS WORKLOAD DID NOT ALLOW HIM TO COM WITH US IN A TIMELY FASHION. CALLBACK CONVERSATION WITH RPTR REVEALED FOLLOWING INFO: RPTR ADVISED THEY DID IN FACT ENTER THE ATA PRIOR TO CONTACT WITH MMU TWR. FAA IS TAKING NO ACTION IN THE MATTER AND HE FEELS IT HAS ENDED. RPT FILED JUST IN CASE. NO CONFLICT DEVELOPED.

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.