Narrative:

Captain was flying, first officer was talking to ATC. First officer called cvg departure and said 'cvg departure, air carrier flight is out of 2700 for 6000.' cvg departure responded with 'air carrier flight radar contact, climb and maintain 7000'. I acknowledged 7000 to the first officer as he set 7000 in the altitude alert. The first officer replied to cvg departure 'air carrier flight climb and maintain 7000.' at 5900 ft we got a TA on the TCASII. It showed an aircraft 12 O'clock and 10 mi, 1100 ft above us. First officer called out leaving 6000 for 7000. At 6500, TA became a RA and said 'monitor vertical speed.' at the same time, ATC issued an immediate right turn to 270 degree (approximately a 70 degree turn). We saw the conflicting aircraft on the TCASII at 5 mi ahead and 500 above us. At the same time, we acquired the aircraft visually. I had stopped climbing and actually descended to about 6300 ft in the turn to increase separation. ATC cleared us to 12000 ft said 'thanks for your help.' callback conversation with reporter revealed the following: the reporting captain stated that the intruder aircraft, an light transport, was a 'pop-up' aircraft on his TCASII. He also stated that, from the demeanor of the controller, the controller had probably made an error and had not seen the traffic before the reporter mentioned the intruder. The 7000 ft altitude assignment was highly unusual on departure.

Related reports:

Google
 

Original NASA ASRS Text

Title: AN MLG RESPONDED TO A TCASII RA JUST AS ATC WAS GIVING HIM A TURN TO MISS TFC.

Narrative: CAPT WAS FLYING, FO WAS TALKING TO ATC. FO CALLED CVG DEP AND SAID 'CVG DEP, ACR FLT IS OUT OF 2700 FOR 6000.' CVG DEP RESPONDED WITH 'ACR FLT RADAR CONTACT, CLB AND MAINTAIN 7000'. I ACKNOWLEDGED 7000 TO THE FO AS HE SET 7000 IN THE ALT ALERT. THE FO REPLIED TO CVG DEP 'ACR FLT CLB AND MAINTAIN 7000.' AT 5900 FT WE GOT A TA ON THE TCASII. IT SHOWED AN ACFT 12 O'CLOCK AND 10 MI, 1100 FT ABOVE US. FO CALLED OUT LEAVING 6000 FOR 7000. AT 6500, TA BECAME A RA AND SAID 'MONITOR VERT SPD.' AT THE SAME TIME, ATC ISSUED AN IMMEDIATE R TURN TO 270 DEG (APPROX A 70 DEG TURN). WE SAW THE CONFLICTING ACFT ON THE TCASII AT 5 MI AHEAD AND 500 ABOVE US. AT THE SAME TIME, WE ACQUIRED THE ACFT VISUALLY. I HAD STOPPED CLBING AND ACTUALLY DSNDED TO ABOUT 6300 FT IN THE TURN TO INCREASE SEPARATION. ATC CLRED US TO 12000 FT SAID 'THANKS FOR YOUR HELP.' CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING: THE RPTING CAPT STATED THAT THE INTRUDER ACFT, AN LTT, WAS A 'POP-UP' ACFT ON HIS TCASII. HE ALSO STATED THAT, FROM THE DEMEANOR OF THE CTLR, THE CTLR HAD PROBABLY MADE AN ERROR AND HAD NOT SEEN THE TFC BEFORE THE RPTR MENTIONED THE INTRUDER. THE 7000 FT ALT ASSIGNMENT WAS HIGHLY UNUSUAL ON DEP.

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.