Date: 201402
Local time of day: 1801-2400
Location: FAT.Airport, CA
Light: Night
Aircraft: Commercial Fixed Wing
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Flight phase: Initial Climb
Airspace: Class E FAT
ATC / advisory: TRACON FAT
Second aircraft: Small Aircraft
Reporter organization: Government
Reporter function: Departure
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Communication Breakdown; Training / Qualification
Anomaly: ATC Issue All Types; Deviation - Track / Heading All Types; Deviation / Discrepancy - Procedural Clearance
Detector: Person Air Traffic Control
Result: Air Traffic Control Issued Advisory / Alert; Air Traffic Control Issued New Clearance; Flight Crew Returned To Clearance
Contributing factors: Human Factors; Procedure
Primary problem: Ambiguous

Narrative: I was working one of the two departure sectors in the Fresno TRACON. I was providing flight following and traffic advisories to a Small Aircraft working a VFR practice area in the vicinity of the Fresno Class C airspace. The Small Aircraft was 4 miles off departure end and the Local Controller called down and requested I turn the Small Aircraft out of the departure corridor for an Air Carrier departing. I found out which direction the Air Carrier was departing so I could turn the aircraft in the appropriate direction. The Local Controller told me they were going NW on course. I then turned the Small Aircraft 140 heading (Fresno was departing RWY 11 departure heading 110). Once the coordination was complete; I observed that the Air Carrier was airborne. I noticed that the Small Aircraft was north of the Air Carrier departing and a left turn would be better. So I talked to the other Departure Controller and said I was going to turn him left heading 290 to avoid. I then instructed the Small Aircraft; 'turn left now; left turn heading 290 traffic passing off your right is an Air Carrier climbing high'. The Small Aircraft acknowledged the transmission. Waiting a second I noticed that the Air Carrier was level at 020. I overheard the other Departure Controller ask to try shipping the Air Carrier again. The Air Carrier was 5 NM off final and approaching a 034 MVA. So just to help out I attempted to reach the Air Carrier on my frequency. To my dismay he responded to my transmission. This was turning into a bad situation...I told the other sector Controller that I had him on my frequency and kept him for safety. I instructed the Air Carrier to climb immediately because of the higher MVA terrain in 6 miles. The Air Carrier stated he was turning to 290 and level at 020. I asked him where we got the turn from. The Air Carrier informed me that he got the turn from me. I informed him that he did not I was talking to a Small Aircraft (call sign no where near similar). The Air Carrier said well I'm heading 290 what do you want me to do. I told him to climb immediately to 100. I was attempting to get the Aircraft to climb approaching 029 MVA and the Air Carrier was still level and 020. I asked the Air Carrier if he was able to make a VFR climb to 100 he said affirmative right before he hit the 029 MVA line. This was a very unsafe situation put on by the pilot. There were many things that he did wrong; took the wrong Departure frequency; did not climb when instructed; did not check in with Departure; took a control instruction for a different aircraft; THEN did not read it back. I HAVE BEEN SAYING THIS FOR OVER A YEAR NOW. I have attempted to bring this up in discussion; with my Union rep; with Plans and Procedures; and mentioned it to my FLM (who is retired). We need to issue the Departure frequency. We do not issue the frequency at Fresno. They feel that if they issue the FRESNO 8 SID it is located on the SID and we should not have to say it. I think that is very wrong!!!! Sorry this just gets me really heated. This happens at least a dozen times a day and it never changes. The response is no I don't want to do it; it is published and the pilots should read the SID and understand it. This could have been fixed if the Departure freq. was issued. Our sectors are not separated very soundly; the SID looks confusing and isn't explained very well; pilots never seem to get it right and some pilots come back and ask for it anyways. Its just 10 extra words to say. 'Departure control frequency will be blah blah blah point blah' how hard is that. IT avoids all confusion and departure doesn't have to sit down in the TRACON and wait to see where they are going to check in. Its just people being lazy because they 'have to do more work' what a shame.




Synopsis: FAT Departure Controller describes a missed communication with a departing Air Carrier which the controller believes may be caused by a local policy that does not issue the frequency with the clearance to switch to Departure.