Flight crew of an air carrier widebody transport sighted another widebody transport converging at the same high cruise altitude and was subsequently given a higher altitude. At approximately the same time, the aircraft TCASII gave an RA to descend which was not responded to since the other aircraft was in sight.

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Attributes
ACN	271721
Time
Date	199405
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : ydr
State Reference	SK
Altitude	msl bound lower : 37000 msl bound upper : 37000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : czwg
Operator	common carrier : air carrier
Make Model Name	B747 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	cruise other
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	B747 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : flight engineer pilot : atp pilot : cfi
Experience	flight time total : 9000 flight time type : 600
ASRS Report	271721
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other flight crewa
Resolutory Action	controller : issued new clearance flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 12000 vertical : 500
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

I saw aircraft at my 12:30 to 1:00 O'clock position. I verified its altitude as being (TCASII) FL370, the same as my own. I called winnipeg center and said 'are you aware that I have an aircraft at my 12:30 position FL370 and converging?' reply from winnipeg 'climb to 390!' the first officer set the new altitude and I hit the flight level change button for expedited climb. We then got the TA and once established in the climb we received RA to descend. Since I had the aircraft in sight the entire time I did not think it would be wise to decrease separation by following the TCASII RA command. To keep things simple, we were above the intruder aircraft at 37500 ft and climbing when we received the RA to descend -- no way! I followed the ATC clearance and climbed to FL390 the RA stopped -- and the controller didn't say a word. It was very quiet on the frequency. It is my belief that if it were not VFR today and I did not see that other aircraft 2 747's would have collided today and in addition TCASII failed by giving me a descend command instead of telling me to climb. I believe this was an ATC controller failure as both aircraft were in radar contact.

Original NASA ASRS Text

Title: FLC OF AN ACR WDB SIGHTED ANOTHER WDB CONVERGING AT THE SAME HIGH CRUISE ALT AND WAS SUBSEQUENTLY GIVEN A HIGHER ALT. AT APPROX THE SAME TIME, THE ACFT TCASII GAVE AN RA TO DSND WHICH WAS NOT RESPONDED TO SINCE THE OTHER ACFT WAS IN SIGHT.

Narrative: I SAW ACFT AT MY 12:30 TO 1:00 O'CLOCK POS. I VERIFIED ITS ALT AS BEING (TCASII) FL370, THE SAME AS MY OWN. I CALLED WINNIPEG CTR AND SAID 'ARE YOU AWARE THAT I HAVE AN ACFT AT MY 12:30 POS FL370 AND CONVERGING?' REPLY FROM WINNIPEG 'CLB TO 390!' THE FO SET THE NEW ALT AND I HIT THE FLT LEVEL CHANGE BUTTON FOR EXPEDITED CLB. WE THEN GOT THE TA AND ONCE ESTABLISHED IN THE CLB WE RECEIVED RA TO DSND. SINCE I HAD THE ACFT IN SIGHT THE ENTIRE TIME I DID NOT THINK IT WOULD BE WISE TO DECREASE SEPARATION BY FOLLOWING THE TCASII RA COMMAND. TO KEEP THINGS SIMPLE, WE WERE ABOVE THE INTRUDER ACFT AT 37500 FT AND CLBING WHEN WE RECEIVED THE RA TO DSND -- NO WAY! I FOLLOWED THE ATC CLRNC AND CLBED TO FL390 THE RA STOPPED -- AND THE CTLR DIDN'T SAY A WORD. IT WAS VERY QUIET ON THE FREQ. IT IS MY BELIEF THAT IF IT WERE NOT VFR TODAY AND I DID NOT SEE THAT OTHER ACFT 2 747'S WOULD HAVE COLLIDED TODAY AND IN ADDITION TCASII FAILED BY GIVING ME A DSND COMMAND INSTEAD OF TELLING ME TO CLB. I BELIEVE THIS WAS AN ATC CTLR FAILURE AS BOTH ACFT WERE IN RADAR CONTACT.

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.