A DC10 flight crew experiences an near midair collision at 17500 ft with traffic assigned to climb through their occupied altitude during descent into cali, on frequency with center controller at sked, first officer.

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Attributes
ACN	563181
Time
Date	200210
Day	Sun
Local Time Of Day	0601 To 1200
Place
State Reference	FO
Altitude	msl single value : 17500
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : sked.artcc
Operator	common carrier : air carrier
Make Model Name	DC-10 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	descent : vacating altitude
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : sked.artcc
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Flight Phase	climbout : vacating altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : multi engine pilot : atp
Experience	flight time last 90 days : 100 flight time total : 7500 flight time type : 5500
ASRS Report	563181
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	conflict : nmac non adherence : required legal separation non adherence : published procedure
Independent Detector	aircraft equipment : tcas other flight crewa other flight crewb other other : flc 3
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew Other
Miss Distance	vertical : 400
Supplementary
Problem Areas	Aircraft Airspace Structure ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

We were in a descent to 17000 ft. At approximately 17800 ft, we received a 'traffic' alert from the TCAS, almost immediately followed by a 'climb.' we took evasive action as directed by the TCAS and received clear of conflict after passing FL184 in the climb away. First officer was flying and reported closest traffic was 400 ft apart on TCAS. The controller was immediately notified of the near midair and that we had to honor the RA. The controller denied that the aircraft came any closer than 1000 ft. She reported that the other aircraft was cleared to climb to FL210. Both before and after, she continued to speak spanish to the other aircraft and english to us. Not using the universal language of aviation definitely contributed to the near midair by denying us the ability to increase our situational awareness with respect to the other aircraft. Also, the controller issuing the conflicting clrncs remained on duty and continued to vector us to final approach. Another contributing factor was that there was a small cloud deck between us and the other airplane. At the time of the TCAS alert, all 3 crew were looking outside the cockpit clearing our descent path. We didn't come inside until we got the TCAS alert. We never saw the other aircraft. Chalk up another aircraft save to TCAS!

Original NASA ASRS Text

Title: A DC10 FLC EXPERIENCES AN NMAC AT 17500 FT WITH TFC ASSIGNED TO CLB THROUGH THEIR OCCUPIED ALT DURING DSCNT INTO CALI, ON FREQ WITH CTR CTLR AT SKED, FO.

Narrative: WE WERE IN A DSCNT TO 17000 FT. AT APPROX 17800 FT, WE RECEIVED A 'TFC' ALERT FROM THE TCAS, ALMOST IMMEDIATELY FOLLOWED BY A 'CLB.' WE TOOK EVASIVE ACTION AS DIRECTED BY THE TCAS AND RECEIVED CLR OF CONFLICT AFTER PASSING FL184 IN THE CLB AWAY. FO WAS FLYING AND RPTED CLOSEST TFC WAS 400 FT APART ON TCAS. THE CTLR WAS IMMEDIATELY NOTIFIED OF THE NEAR MIDAIR AND THAT WE HAD TO HONOR THE RA. THE CTLR DENIED THAT THE ACFT CAME ANY CLOSER THAN 1000 FT. SHE RPTED THAT THE OTHER ACFT WAS CLRED TO CLB TO FL210. BOTH BEFORE AND AFTER, SHE CONTINUED TO SPEAK SPANISH TO THE OTHER ACFT AND ENGLISH TO US. NOT USING THE UNIVERSAL LANGUAGE OF AVIATION DEFINITELY CONTRIBUTED TO THE NEAR MIDAIR BY DENYING US THE ABILITY TO INCREASE OUR SITUATIONAL AWARENESS WITH RESPECT TO THE OTHER ACFT. ALSO, THE CTLR ISSUING THE CONFLICTING CLRNCS REMAINED ON DUTY AND CONTINUED TO VECTOR US TO FINAL APCH. ANOTHER CONTRIBUTING FACTOR WAS THAT THERE WAS A SMALL CLOUD DECK BTWN US AND THE OTHER AIRPLANE. AT THE TIME OF THE TCAS ALERT, ALL 3 CREW WERE LOOKING OUTSIDE THE COCKPIT CLRING OUR DSCNT PATH. WE DIDN'T COME INSIDE UNTIL WE GOT THE TCAS ALERT. WE NEVER SAW THE OTHER ACFT. CHALK UP ANOTHER ACFT SAVE TO TCAS!

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.