A departing air carrier was issued a climb through an occupied altitude resulting in less than standard separation. TCASII specified a descent. As the aircraft was climbing through 10200 ft the controller gave instructions to level off at 10000 ft with traffic at 11000 ft.

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Attributes
ACN	324530
Time
Date	199512
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : gso
State Reference	NC
Altitude	msl bound lower : 10200 msl bound upper : 11000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : gso tower : dfw
Operator	common carrier : air carrier
Make Model Name	B737-200
Operating Under FAR Part	Part 121
Flight Phase	climbout : initial
Route In Use	departure other
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	other : unknown
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp pilot : cfi pilot : flight engineer
Experience	flight time last 90 days : 200 flight time total : 10000 flight time type : 5000
ASRS Report	324530
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
Independent Detector	aircraft equipment other aircraft equipment : unspecified other controllera other flight crewa
Resolutory Action	controller : issued new clearance
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 3000 vertical : 800
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

ATC cleared us to climb to 12000 ft, then assigned 040 degree heading. First officer was PF. At approximately 10000 ft captain says 'stop climb,' I did, TCASII went from TA to RA with descent command of 300 FPM. ATC then amends our clearance altitude to 10000 ft. ATC announced traffic at 11000 ft. Our aircraft climb to 10200 ft before climb could be arrested. Both aircraft passed on each others' left. Captain queried ATC, why aircraft separation had been compromised. ATC says 'we saw him all along.' well let me tell you 'we didn't' and if it were not for the captain's vigilance, separation would have been very minimal. ATC (gso 118.5) erroneously assigned us to 12000 ft when there was conflicting traffic at 11000 ft. ATC's unprofessional response 'well we saw him' just does not cut it. Also, apparently the student controller (female) was corrected by a supervisor (male voice) on the sequence of events.

Original NASA ASRS Text

Title: A DEPARTING ACR WAS ISSUED A CLB THROUGH AN OCCUPIED ALT RESULTING IN LTSS. TCASII SPECIFIED A DSCNT. AS THE ACFT WAS CLBING THROUGH 10200 FT THE CTLR GAVE INSTRUCTIONS TO LEVEL OFF AT 10000 FT WITH TFC AT 11000 FT.

Narrative: ATC CLRED US TO CLB TO 12000 FT, THEN ASSIGNED 040 DEG HDG. FO WAS PF. AT APPROX 10000 FT CAPT SAYS 'STOP CLB,' I DID, TCASII WENT FROM TA TO RA WITH DSCNT COMMAND OF 300 FPM. ATC THEN AMENDS OUR CLRNC ALT TO 10000 FT. ATC ANNOUNCED TFC AT 11000 FT. OUR ACFT CLB TO 10200 FT BEFORE CLB COULD BE ARRESTED. BOTH ACFT PASSED ON EACH OTHERS' L. CAPT QUERIED ATC, WHY ACFT SEPARATION HAD BEEN COMPROMISED. ATC SAYS 'WE SAW HIM ALL ALONG.' WELL LET ME TELL YOU 'WE DIDN'T' AND IF IT WERE NOT FOR THE CAPT'S VIGILANCE, SEPARATION WOULD HAVE BEEN VERY MINIMAL. ATC (GSO 118.5) ERRONEOUSLY ASSIGNED US TO 12000 FT WHEN THERE WAS CONFLICTING TFC AT 11000 FT. ATC'S UNPROFESSIONAL RESPONSE 'WELL WE SAW HIM' JUST DOES NOT CUT IT. ALSO, APPARENTLY THE STUDENT CTLR (FEMALE) WAS CORRECTED BY A SUPVR (MALE VOICE) ON THE SEQUENCE OF EVENTS.

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.