Narrative:

Clearance was atlanta 1 departure to 10000 ft. Tower cleared us for takeoff from 9L with a heading of 095 degree. First officer was flying. Takeoff and climbout was routine. Tower handed us off to departure. Captain attempted contact at approximately 3000 ft MSL with no reply. Tried again at approximately 4000 ft MSL. At the same time ATC replied and told us to level at 4000 ft, we were already at 4500 ft. I had already sighted traffic off to the right in a right-hand turn away from us. Small aircraft Y was probably no closer than 1500 ft-2000 ft. Upon receiving clearance to level at 4000 ft we were at 4500 ft and probably topped out at approximately 4700 ft before beginning descent. Before we could descend significantly, ATC again cleared us to the original altitude of 10000 ft. No avoidance maneuver was necessary. Telephone call by captain to ATC atl (confirmed by tapes) showed that ATC had neglected to give us a hold-down altitude when they were aware of the light aircraft (also under ATC control).

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Original NASA ASRS Text

Title: LESS THAN STANDARD SEPARATION WHEN ATL TWR CLEARS MLG TO CLIMB THROUGH AN ALT OCCUPIED BY AN SMA.

Narrative: CLRNC WAS ATLANTA 1 DEP TO 10000 FT. TWR CLRED US FOR TKOF FROM 9L WITH A HDG OF 095 DEG. F/O WAS FLYING. TKOF AND CLIMBOUT WAS ROUTINE. TWR HANDED US OFF TO DEP. CAPT ATTEMPTED CONTACT AT APPROX 3000 FT MSL WITH NO REPLY. TRIED AGAIN AT APPROX 4000 FT MSL. AT THE SAME TIME ATC REPLIED AND TOLD US TO LEVEL AT 4000 FT, WE WERE ALREADY AT 4500 FT. I HAD ALREADY SIGHTED TFC OFF TO THE RIGHT IN A RIGHT-HAND TURN AWAY FROM US. SMA Y WAS PROBABLY NO CLOSER THAN 1500 FT-2000 FT. UPON RECEIVING CLRNC TO LEVEL AT 4000 FT WE WERE AT 4500 FT AND PROBABLY TOPPED OUT AT APPROX 4700 FT BEFORE BEGINNING DSCNT. BEFORE WE COULD DSND SIGNIFICANTLY, ATC AGAIN CLRED US TO THE ORIGINAL ALT OF 10000 FT. NO AVOIDANCE MANEUVER WAS NECESSARY. TELEPHONE CALL BY CAPT TO ATC ATL (CONFIRMED BY TAPES) SHOWED THAT ATC HAD NEGLECTED TO GIVE US A HOLD-DOWN ALT WHEN THEY WERE AWARE OF THE LIGHT ACFT (ALSO UNDER ATC CTL).

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.