Narrative:

TCASII properly idented traffic. TCASII could not anticipate traffic would level 1000 ft above us and we had no way in night VMC to determine closing acfts altitude visually. ATC did not call traffic for us. TCASII went into RA mode and commanded a 1500 FPM descent which we complied with. We descended from assigned altitude of FL280 to FL26.5 until receiving a clear of conflict from TCASII. Advised ATC of the RA and our deviation. Controller ordered us back to FL280. I did not comply until TCASII gave a clear of conflict aural alert. I feel we had no choice but to comply with TCASII RA.

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Original NASA ASRS Text

Title: FLC OF ACR LGT ACFT DEVIATED FROM ASSIGNED ALT IN RESPONSE TO A TCASII RA.

Narrative: TCASII PROPERLY IDENTED TFC. TCASII COULD NOT ANTICIPATE TFC WOULD LEVEL 1000 FT ABOVE US AND WE HAD NO WAY IN NIGHT VMC TO DETERMINE CLOSING ACFTS ALT VISUALLY. ATC DID NOT CALL TFC FOR US. TCASII WENT INTO RA MODE AND COMMANDED A 1500 FPM DSCNT WHICH WE COMPLIED WITH. WE DSNDED FROM ASSIGNED ALT OF FL280 TO FL26.5 UNTIL RECEIVING A CLR OF CONFLICT FROM TCASII. ADVISED ATC OF THE RA AND OUR DEV. CTLR ORDERED US BACK TO FL280. I DID NOT COMPLY UNTIL TCASII GAVE A CLR OF CONFLICT AURAL ALERT. I FEEL WE HAD NO CHOICE BUT TO COMPLY WITH TCASII RA.

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.