The regulation does not specify the word "cleared", just that the pilot receive an ATC clearance.
The operator must receive an ATC clearance from the ATC facility having jurisdiction for that area before operating an aircraft in that area.
When one looks for the regulatory definition of an ATC clearance, there isn't one, but there is in the P/CG the following:
ATC CLEARANCE-
(See AIR TRAFFIC CLEARANCE.)
...and then when we check the regs for the definition of "Air traffic Clearance", the word "cleared" isn't in there, either:
Air traffic clearance means an authorization by air traffic control, for the purpose of preventing collision between known aircraft, for an aircraft to proceed under specified traffic conditions within controlled airspace.
Further explanation of the term is found in the P/CG:
AIR TRAFFIC CLEARANCE- An authorization by air traffic control for the purpose of preventing collision between known aircraft, for an aircraft to proceed under specified traffic conditions within controlled airspace. The pilot-in-command of an aircraft may not deviate from the provisions of a visual flight rules (VFR) or instrument flight rules (IFR) air traffic clearance except in an emergency or unless an amended clearance has been obtained. Additionally, the pilot may request a different clearance from that which has been issued by air traffic control (ATC) if information available to the pilot makes another course of action more practicable or if aircraft equipment limitations or company procedures forbid compliance with the clearance issued. Pilots may also request clarification or amendment, as appropriate, any time a clearance is not fully understood, or considered unacceptable because of safety of flight. Controllers should, in such instances and to the extent of operational practicality and safety, honor the pilot's request. 14 CFR Part 91.3(a) states: "The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft." THE PILOT IS RESPONSIBLE TO REQUEST AN AMENDED CLEARANCE if ATC issues a clearance that would cause a pilot to deviate from a rule or regulation, or in the pilot's opinion, would place the aircraft in jeopardy.
So, once more, no mention of the specific word "cleared", just "authorization".
Now, 7110.65 may or may not tell controllers they absolutely must use the word "cleared" in this situation -- I haven't researched it. But I can tell you for sure that a substantial portion of the time, they don't use that word even when they are clearly authorizing you to proceed into the B-space.
My personal opinion is that this becomes a matter of communication between the controller and the pilot, and if the controller uses language which clearly indicates that s/he is authorizing me to operate in the B-space but doesn't actually say "cleared" (in particular, the word "proceed" seems rather popular with controllers in this situation, and unlike "cleared", that word actually
is used in the regulatory definition of "air traffic clearance"), I'm going in without getting into the sort of word games roncachamp seems to enjoy in an effort to extract that word from the controller. I suspect I've done that more times than most of you out there in PoA-land have night landings, and it's never backfired yet.
Does that relieve your head itch, Jaybird?
Note that in each of Ron's examples, there was an eye witness or other extrinsic evidence of who was piloting the aircraft. In one, it was simply a dispute over who was PIC. In situations like that, there's likely nothing to be gained by demurring. In other situations, there may be. In some situations it might be nice just to buy yourself a little time. There's even an example in this thread where not calling might have been the pilot's only chance to avoid an action.
