TWR REQUEST FOR INFO ON GATE AVAILABILITY RAISES QUESTIONS OF HOW CREWS ARE TO COMPLY WITH COMPANY POLICY REGARDING NON ATC COM WHEN HOLDING #1 FOR XING A RWY.

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DUE TO SUBSTANTIAL CONSTRUCTION AND PEAK HUB ACTIVITY AT MIA; TWR IS ASKING ARRIVING ACFT ON RWY 9R WHETHER THEIR GATE IS OPEN AS THE ARRIVING ACFT HOLDS SHORT IN THE #1 POS SHORT OF RWY 12. I BELIEVE THIS IS DUE TO THE MASSIVE CONGESTION ON THE TXWYS BTWN THE GATE AREAS AND THE RWYS; FOR THE ABOVE MENTIONED REASONS. ACCORDING TO OPS MANUAL; CREW MEMBERS ARE EXPRESSLY FORBIDDEN TO COMMUNICATE WITH THE COMPANY OR INITIATE CHKLISTS IF #1 AND HOLDING SHORT OF ANOTHER ACTIVE RWY. ALTHOUGH I CAN APPRECIATE THE CONCERN OF TWR REGARDING THE GATE PROB AT MIA; SUCH PRACTICE OF CAJOLING CREWS IN TO PROVIDING INFO CONTRARY TO COMPANY PROCS COMPROMISES SAFETY; ESPECIALLY IN LIGHT OF THE CURRENT EMPHASIS ON PREVENTING FUTURE RWY INCURSIONS. IN AN ATTEMPT FOR CLARIFICATION OF THE CURRENT COMPANY PROC; I ASKED THE CHIEF PLT'S OFFICE IN MIA IF AN EXCEPTION TO THIS PART ONE RESTR OR CLARIFICATION COULD BE PROVIDED; SPECIFICALLY WITH REGARD TO THE EXTENUATING CIRCUMSTANCES AT MIA. I WAS TOLD THAT AIRLINE MANUAL IS NOT NECESSARILY BLACK AND WHITE. I WAS ALSO INFORMED THAT CAPTS HAD THE AUTH AND COULD EXERCISE THEIR JUDGMENT AS TO WHETHER OR NOT CONTACTING RAMP WHEN HOLDING SHORT IN THE #1 POS. I WAS ALSO TOLD THAT MOST OF THE PLTS AT MIA DO CONTACT RAMP AFTER LNDG EVEN WHEN THEY ARE HOLDING SHORT OF AN ACTIVE RWY IN THE #1 POS. I BELIEVE THIS GUIDANCE RUNS CONTRARY TO THE CLR PROVISION PROVIDED IN COMPANY PROCS REQUEST CLARIFICATION OF COMS PROCS DURING TAXI IN AS IT PERTAINS TO OPS AT MIA.