Robert Henry wrote:
"Arden Prinz" wrote in message
m...

I realize that it is my responsibility to remain clear or have two way
communications. Well, I had two way communications with ATC -- I was
in communications with Shaw Approach. Does that count?


No.

Yes, it does. Why would you think it doesn't? 14CFR 91.129
does not specify that the pilot must establish or maintain
communications with the control tower, simply with "the ATC
facility providing air traffic services". A radar facility
which provides approach services to a class D airport certainly
counts.

From 7110.65:
2-1-16 Surface Areas
b. Coordinate with the appropriate control tower for transit
authorization when you are providing radar traffic advisory service
to an aircraft that will enter another facilities airspace

Note: the pilot is not expected to obtain his own authorization
through each area when in contact with a radar facility

My hypothesis is that the controller did himself and you a favor.

You can hypothesize anything you want, but if McEntire called
the radar controller and asked if anyone was talking to that
code in his airspace, the radar controller dropped the ball and
is in error. This is clearly spelled out in the regulations
he must follow.

Cheers,
Sydney