Widebody transport aircraft in foreign airspace was cleared to climb to an altitude above the flight plan and reporter captain questioned the clearance. Controller reiterated the same clearance so flight crew was complying when shortly they received a TCASII RA and followed the command to descend. Another controller, probably the supervisor issued a new clearance back to the filed altitude.

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Attributes
ACN	357404
Time
Date	199701
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : jec
State Reference	FO
Altitude	msl bound lower : 35000 msl bound upper : 35500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : zzz
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude cruise other
Route In Use	enroute airway : rjtg
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : flight engineer pilot : commercial pilot : cfi pilot : atp pilot : instrument
Experience	flight time last 90 days : 240 flight time total : 20000 flight time type : 1500
ASRS Report	357404
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation non adherence : published procedure other anomaly other
Independent Detector	other controllera other flight crewa
Resolutory Action	controller : issued new clearance flight crew : took evasive action other
Consequence	Other
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Rjtg control cleared us to FL390. We question this because we weren't flight planned to FL390. Tyo again said to climb to FL390. We complied. While passing through approximately FL355 we got TCASII warning 'traffic, traffic' then 'descend.' while in descent, a different controller came on and said to descend to FL350. We complied. We were approximately 30 mi southeast of jec.

Original NASA ASRS Text

Title: WDB ACFT IN FOREIGN AIRSPACE WAS CLRED TO CLB TO AN ALT ABOVE THE FLT PLAN AND RPTR CAPT QUESTIONED THE CLRNC. CTLR REITERATED THE SAME CLRNC SO FLC WAS COMPLYING WHEN SHORTLY THEY RECEIVED A TCASII RA AND FOLLOWED THE COMMAND TO DSND. ANOTHER CTLR, PROBABLY THE SUPVR ISSUED A NEW CLRNC BACK TO THE FILED ALT.

Narrative: RJTG CTL CLRED US TO FL390. WE QUESTION THIS BECAUSE WE WEREN'T FLT PLANNED TO FL390. TYO AGAIN SAID TO CLB TO FL390. WE COMPLIED. WHILE PASSING THROUGH APPROX FL355 WE GOT TCASII WARNING 'TFC, TFC' THEN 'DSND.' WHILE IN DSCNT, A DIFFERENT CTLR CAME ON AND SAID TO DSND TO FL350. WE COMPLIED. WE WERE APPROX 30 MI SE OF JEC.

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.