Less than legal separation.

Attributes
ACN	312300
Time
Date	199507
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : als
State Reference	CO
Altitude	msl bound lower : 33000 msl bound upper : 37000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zdv
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude cruise other
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : second officer
Qualification	pilot : commercial pilot : flight engineer pilot : instrument
Experience	flight time last 90 days : 170 flight time total : 2520 flight time type : 2520
ASRS Report	312300
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : atp pilot : commercial
Experience	flight time last 90 days : 120 flight time total : 5000 flight time type : 1500
ASRS Report	310886
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation
Independent Detector	other controllera
Resolutory Action	none taken : insufficient time
Consequence	Other
Miss Distance	horizontal : 18000 vertical : 2000
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error Intra Facility Coordination Failure

Narrative:

Center gave clearance to climb from FL330 to FL370, crew understood within 4 mins. Conflict was B737 at FL350. Controller gave clearance, but did not state reason for the time constraint or location-direction of traffic. There was a frequency change during climb. New controller initially used non-standard terminology ('are you going to be level soon?') then became very anxious about our altitude -- still without calling traffic or confirming the timing. We had actually been level several seconds by the time the controller confirmed it. At least 2 level calls were made before he acknowledged. Classic breakdown in communications.

Original NASA ASRS Text

Title: LESS THAN LEGAL SEPARATION.

Narrative: CTR GAVE CLRNC TO CLB FROM FL330 TO FL370, CREW UNDERSTOOD WITHIN 4 MINS. CONFLICT WAS B737 AT FL350. CTLR GAVE CLRNC, BUT DID NOT STATE REASON FOR THE TIME CONSTRAINT OR LOCATION-DIRECTION OF TFC. THERE WAS A FREQ CHANGE DURING CLB. NEW CTLR INITIALLY USED NON-STANDARD TERMINOLOGY ('ARE YOU GOING TO BE LEVEL SOON?') THEN BECAME VERY ANXIOUS ABOUT OUR ALT -- STILL WITHOUT CALLING TFC OR CONFIRMING THE TIMING. WE HAD ACTUALLY BEEN LEVEL SEVERAL SECONDS BY THE TIME THE CTLR CONFIRMED IT. AT LEAST 2 LEVEL CALLS WERE MADE BEFORE HE ACKNOWLEDGED. CLASSIC BREAKDOWN IN COMS.

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.