SMA AND TWR DISPUTE OVER SMA PENETRATION OF ATA.

Narrative

I DEPARTED FLYING CLOUD ARPT AND FLEW SW ON A SIGHTSEEING FLT. AFTER CRUISING S OF MINNEAPOLIS FOR 20-25 MINS; I FLEW NW UNDER THE MSP TCA AND E OF THE FCM ARPT ATA. I HAVE CONSIDERABLE FLT TIME IN THE MSP AREA; ESPECIALLY OUT OF FCM; AND HAVING GROWN UP AND LIVED IN THE AREA (IE; MY HOUSE IS 7-10 MI FROM THE ARPT) FOR 26 YRS. I KNOW THE AREA WELL. I WAS USING A VFR TERMINAL AREA CHART FOR PILOTAGE NAV AND PLANNED TO FLY UNDER NAVAID. I HAVE MEASURED THE OUTWARD REACH OF THE FCM ATA AND HAVE SINCE REMEASURED IT; AND KNOW THERE IS A CORRIDOR I CAN SAFELY AND LEGALLY TRANSIT IN THIS AREA W/O BEING IN CONTACT WITH MSP APCH/CENTER AND/OR FCM TWR. WHILE FLYING IN THIS UNCTLED AIRSPACE ON THIS DATE; MONITORING THE BUSY FCM TWR FREQ; I HEARD A CALL FROM TWR TO AN UNIDENTIFIED ACFT TO THE NE OF FCM. THINKING IT MAY BE ME; I RESPONDED. AFTER FCM TWR CONFIRMED MY GENERAL LOCATION (NE) AND ALT (2000' BELOW THE TCA); THE TWR CTLR CONFIRMED I WAS THE ACFT THEY WERE CALLING. THE CTLR THEN PROCEEDED TO STATE I WAS WITHIN THE ATA AND I MUST BE IN RADIO CONTACT WITH FCM TWR. I RESPONDED THAT MY POS WAS 5 MI TO THE NE; AND CONFIRMED TO MYSELF THAT I WAS WHERE I THOUGHT I WAS; APPROX OVER HWY 100 AND OUTSIDE THE ATA (THE HWY IS A VISIBLE LANDMARK). FCM TWR THEN RESPONDED THAT THIS RADAR SHOWED ONE INSIDE THE ATA; I BELIEVE THEY SAID 2.5 OR 3 MI TO THE E. NOT KNOWING HOW TO DEAL WITH THIS; IE; SHOULD I CONTINUE TO ARGUE THE POINT ON A BUSY FREQ; I RESPONDED 'SORRY' AND THE TWR WENT ON CTLING OTHER TFC. THERE WERE NO MORE RADIO CALLS AT THIS POINT OR UPON MY RETURN TO FCM APPROX 25 MINS LATER. HOWEVER; THE SUBJECT IS NOT DEAD AS THE FAA MIGHT CONTACT ME ANYTIME IN THE FUTURE AND POSSIBLY ISSUE AN AIRSPACE VIOLATION. AFTER RE-EXAMINING MY CHARTS I AM QUITE SURE TODAY; AS I WAS ON 6/FRI/88; OF WHAT MY POS WAS. AND; I FIRMLY BELIEVE I WAS OUTSIDE CTLED AIRSPACE. NOTE THAT I HAD NO FEAR OF ANSWERING FCM TWR'S OPEN 'WHO'S THAT' RADIO CALL. ALSO; I AM WELL AWARE OF THE FAA'S SENSITIVITY AND THEIRS; AND MY FEELINGS ABOUT THE IMPORTANCE OF AIRSPACE PROTECTION. WHILE THERE WERE NO LIVES ENDANGERED; NO NEAR MISS; ETC; AND THE SITUATION RESOLVED ITSELF; (I WAS BACK IN RADIO CONTACT WITH FCM); THERE IS STILL THE ISSUE ON THE DISAGREEMENT OVER MY POS; I DON'T LIKE IT THAT THIS SITUATION IS JUST HANGING THERE AND NOT KNOWING WHAT; IF ANYTHING; THE FAA MIGHT DO. MY THOUGHTS: THERE SHOULD BE A STATUTE OF LIMITATIONS ON THE LENGTH OF TIME THE FAA HAS TO ISSUE A VIOLATION AFTER AN EVENT. THERE SHOULD BE PENALTIES IMPOSED ON THE FAA (ATC) FOR CASES WHERE THEY ISSUE A VIOLATION AND ARE WRONG. THE ABILITY OF THE FAA TO GO ON WITCH HUNTS MUST BE PREVENTED. IF A VIOLATION IS ISSUED AND ENDS UP BEING RESOLVED IN THE COURTS OR BEFORE A BOARD; AND THE FAA IS WRONG; THE PLT SHOULD; AT A MINIMUM; BE REIMBURSED FOR ALL LEGAL EXPENSES. FIGHTING THE FAA IS DARN DIFFICULT AND THE PENALTIES TO PLTS ARE SEVERE ENOUGH THAT YOU CAN'T JUST PLEAD GUILTY AND PAY A FINE LIKE AN AUTOMOBILE VIOLATION. I WAS NOT IN THE ATA AND I WILL FIGHT THIS IF I MUST; BUT THE SYS NEEDS SOME ADDITIONAL CTLS.