Date: 201702
Local time of day: 1201-1800
Location: FAY.Airport, NC
Flight conditions: VMC
Weather elements / visibility: Cloudy; Icing; 7
Light: Daylight
Aircraft: Small Aircraft
Operator: Personal
Operating under: Part 91
Flight plan: IFR
Mission: Personal
Flight phase: Cruise
Airspace: Class E FAY
ATC / advisory: TRACON FAY
Reporter organization: Personal
Reporter function: Single Pilot
Reporter qualification: Flight Crew Commercial; Flight Crew Instrument; Flight Crew Multiengine
Human factors: Communication Breakdown; Confusion
Anomaly: ATC Issue All Types; Deviation / Discrepancy - Procedural FAR; Inflight Event / Encounter Weather / Turbulence
Detector: Person Flight Crew
When detected: In-flight
Result: Air Traffic Control Issued Advisory / Alert; Air Traffic Control Issued New Clearance; Flight Crew Requested ATC Assistance / Clarification
Contributing factors: Human Factors; Weather
Primary problem: Human Factors

Narrative: Comms with ATC were broken. It took three attempts to check in when passed to FAY. Controller was also heavily tasked. Controller directed descent to 5000. With an hour of flight to go and a cloud layer below with temps under 5C; I did not want to descend yet. Asked if I could stay at 11000 and offered to go VFR. Received broken reply but could hear '...5000.' With VMC above 9000 I responded with 'cancel IFR VFR squawking 1200'. Response was again broken; but it then ended with '...are you refusing to obey ATC instructions'. I was stunned - paused... responded that I thought if VFR I could select appropriate VFR altitude. Controller response broken and ended with VFR below 10;500. I initiated a descent and again asked if VFR could I not select my altitude. At this point I'm worried about cloud clearance as a VFR aircraft; but could tell from broken comms controller wanted me lower. Next understandable comms from controller was asking me to call them after landing but the phone number was unreadable (they repeated it for me). I leveled off at 10500 even though heading east so as to stay 1000 ft above the clouds. Controller then asked me to switch frequencies.Lessons learned.1) I should have initiated a descent FIRST when directed to 5000 then explained concerns about icing vice asking to stay at 11000. 2) I should have informed the controller that parts of his transmissions were unreadable and asked for repeat instead of cancelling IFR.3) I should have realized that if I was having difficulty hearing controller he might also be having difficulty hearing me.Yes; logic was that I have VMC on top; can assure separation on top; and comms were broken; so I can solve those by staying VMC; cancelling IFR and going VFR; and not descending; but I did not have as good of a good picture of other factors involved like the controller had. If I had started a descent and asked for a readback/repeat; then either said that I was unable to comply (descend onto the clouds with potential icing) or that I needed a delay above the clouds or requested a vector instead of descent if possible (while descending); it would have been better. By cancelling IFR and going VFR I solved my problem but made the controller's problems worse. Last lesson learned is to default to 'informing' controllers of comms issues vice asking for something specifically. They almost always have better Situational Awareness than pilots do even when they are having comms issues.




Synopsis: Pilot reported while on an IFR flight plan he declined to descend into a cloud layer below due to icing concerns.