Narrative:

This incident was pilot error and I was not informed that a system error was charged against me until 10/xx/91. Air carrier X was assigned 5000 ft on initial contact and acknowledged it. Air carrier Y was assigned 150 thousand on the same frequency and it sounded like air carrier X replied. I transmitted 'air carrier Y maintain 150.' air carrier X negative, you stay at 5000.' air carrier Y replied roger. Air carrier X did not reply. Air carrier X did not report leaving 5000 ft. I then turned air carrier X to a heading of 220 degree to get out from under traffic holding above him at 6000 ft. Air carrier X climbed through 6000 ft without any clearance to do so. FAA charges that I violated far 7110.65 PAR 2-72 by not getting a reply from air carrier X. That paragraph requires pilot acknowledgement when clrncs are changed. I never altered air carrier X clearance above 5000 ft, the pilot did, on his own. As of this date we are not really sure what the FAA is doing.

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Original NASA ASRS Text

Title: ACR X UNAUTH CLB FROM ASSIGNED ALT HAD LTSS FROM ACR Y. PLTDEV SYS ERROR.

Narrative: THIS INCIDENT WAS PLT ERROR AND I WAS NOT INFORMED THAT A SYS ERROR WAS CHARGED AGAINST ME UNTIL 10/XX/91. ACR X WAS ASSIGNED 5000 FT ON INITIAL CONTACT AND ACKNOWLEDGED IT. ACR Y WAS ASSIGNED 150 THOUSAND ON THE SAME FREQ AND IT SOUNDED LIKE ACR X REPLIED. I XMITTED 'ACR Y MAINTAIN 150.' ACR X NEGATIVE, YOU STAY AT 5000.' ACR Y REPLIED ROGER. ACR X DID NOT REPLY. ACR X DID NOT RPT LEAVING 5000 FT. I THEN TURNED ACR X TO A HDG OF 220 DEG TO GET OUT FROM UNDER TFC HOLDING ABOVE HIM AT 6000 FT. ACR X CLBED THROUGH 6000 FT WITHOUT ANY CLRNC TO DO SO. FAA CHARGES THAT I VIOLATED FAR 7110.65 PAR 2-72 BY NOT GETTING A REPLY FROM ACR X. THAT PARAGRAPH REQUIRES PLT ACKNOWLEDGEMENT WHEN CLRNCS ARE CHANGED. I NEVER ALTERED ACR X CLRNC ABOVE 5000 FT, THE PLT DID, ON HIS OWN. AS OF THIS DATE WE ARE NOT REALLY SURE WHAT THE FAA IS DOING.

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.