Originally Posted by letiole

Janda: Your first argument makes no sense. The Legacy was originally cleared to FL370 so if it wasn't allowed to change altitude it was where it was supposed to be. The flight plan called for FL 360, but what matters it the altitude clearance the plane received from ATC. ATC had a primary target on the Legacy that should have followed it to the new center, especially with the upgraded radar system. Knowing the transponder was off and ATC could not communicate with the plane, they didn't know what altitude it was at, but should have given the 737 a lateral position change to avoid any potential head-on.

We don't know why the transponder was off. It may have been an equipment malfunction. It's no uncommon that new products have defects. Pilots know how stupid it is to turn off a transponder. Brazillian officials have admitted that unless they were running drugs it's unheard of.

From what I've read, they didn't answer the calls because they weren't on the correct frequency. But again, there are procedures in place for when the plane is NORDO (not in radio contact). ATC alerts the plane you are in contact with - the 737 - and have them change course.

The investigation into this crash is far from complete. We don't have the answers yet. They take a lot of time. If someone was negligant, they should pay for this, but the rush to judgment is ridiculous and there's a lot of misinformation coming about that's not helping to do anything but inflame people.