Narrative:

On departure climb we were on an assigned heading and cleared to 10000'. Leaving approximately 9500' departure control said to maintain 9000'. I stated that we had been cleared to 10000', but would go back down to 9000'. Traffic from our 1-2 O'clock position passed directly over us, opposite direction, and appeared to be very close. The controller didn't say anything about any problem, but the traffic just seemed to be very close as it went over us. The frequency was very busy with some xmissions being blocked and what appeared to be 2 different voices (controllers).

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Original NASA ASRS Text

Title: CONFLICT ARISES WHEN CLEARED TO CLIMB TO AN OCCUPIED ALT.

Narrative: ON DEP CLB WE WERE ON AN ASSIGNED HDG AND CLRED TO 10000'. LEAVING APPROX 9500' DEP CTL SAID TO MAINTAIN 9000'. I STATED THAT WE HAD BEEN CLRED TO 10000', BUT WOULD GO BACK DOWN TO 9000'. TFC FROM OUR 1-2 O'CLOCK POS PASSED DIRECTLY OVER US, OPPOSITE DIRECTION, AND APPEARED TO BE VERY CLOSE. THE CTLR DIDN'T SAY ANYTHING ABOUT ANY PROB, BUT THE TFC JUST SEEMED TO BE VERY CLOSE AS IT WENT OVER US. THE FREQ WAS VERY BUSY WITH SOME XMISSIONS BEING BLOCKED AND WHAT APPEARED TO BE 2 DIFFERENT VOICES (CTLRS).

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.