Narrative:

Cleared to heading 070 degrees and 10000 ft on the departure when ATC cleared us to 100 degree heading direct triss and climb maintain 17000 ft. As we went through 10000 ft we received the TA/RA to dampen the climb to 800 FPM to avoid traffic at 11000 ft. I feel certain we were cleared to 17000 ft in error. As per my custom on that departure, going through 8500 ft, if I do not already have clearance to 17000 ft, I select vertical airspeed mode to 700 FPM and 250 KTS as a courtesy to arriving traffic. On this occasion, as I reached for the vertical control wheel to do that, the controller cleared us up to 17000 ft, so I therefore remained in performance climb mode. We advised ATC of the RA and he paused before saying we were now clear of the target and to continue the climb to 17000 ft. Additionally, he cleared the traffic behind me to 17000 ft in its climb while we were obeying our RA, so I feel certain we were given the climb to 17000 ft before the 11000 ft traffic had cleared our airspace. Supplemental information from acn 595281: passing through approximately 9500 ft, departure control issued a clearance to proceed direct to the triss intersection, climb and maintain 17000 ft. The clearance was read back, the aircraft altitude controller was set to 17000 ft and the climb was continued. Passing 10200 ft a TCASII RA was received and the commands were followed. Traffic was observed crossing our 12 O'clock position from left to right. A call to departure control was made stating air carrier XXXX unable climb responding to an RA. Departure control did not respond to this call. However, about a min later, departure control again called with a clearance direct to triss, climb and maintain 17000 ft. The flight conditions were VFR and no abrupt aircraft maneuvering was required. The remainder of the departure was flown normally. As usual, this was a busy time, and there were non-stop radio xmissions being made from and to departure control.

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Original NASA ASRS Text

Title: NMAC. THE D10 DEP CTLR CLRED AN MD80 TO CLB THROUGH AN OCCUPIED ALT. TCASII GAVE RA GUIDANCE.

Narrative: CLRED TO HDG 070 DEGS AND 10000 FT ON THE DEP WHEN ATC CLRED US TO 100 DEG HDG DIRECT TRISS AND CLB MAINTAIN 17000 FT. AS WE WENT THROUGH 10000 FT WE RECEIVED THE TA/RA TO DAMPEN THE CLB TO 800 FPM TO AVOID TFC AT 11000 FT. I FEEL CERTAIN WE WERE CLRED TO 17000 FT IN ERROR. AS PER MY CUSTOM ON THAT DEP, GOING THROUGH 8500 FT, IF I DO NOT ALREADY HAVE CLRNC TO 17000 FT, I SELECT VERT AIRSPD MODE TO 700 FPM AND 250 KTS AS A COURTESY TO ARRIVING TFC. ON THIS OCCASION, AS I REACHED FOR THE VERT CTL WHEEL TO DO THAT, THE CTLR CLRED US UP TO 17000 FT, SO I THEREFORE REMAINED IN PERFORMANCE CLB MODE. WE ADVISED ATC OF THE RA AND HE PAUSED BEFORE SAYING WE WERE NOW CLR OF THE TARGET AND TO CONTINUE THE CLB TO 17000 FT. ADDITIONALLY, HE CLRED THE TFC BEHIND ME TO 17000 FT IN ITS CLB WHILE WE WERE OBEYING OUR RA, SO I FEEL CERTAIN WE WERE GIVEN THE CLB TO 17000 FT BEFORE THE 11000 FT TFC HAD CLRED OUR AIRSPACE. SUPPLEMENTAL INFO FROM ACN 595281: PASSING THROUGH APPROX 9500 FT, DEP CTL ISSUED A CLRNC TO PROCEED DIRECT TO THE TRISS INTXN, CLB AND MAINTAIN 17000 FT. THE CLRNC WAS READ BACK, THE ACFT ALT CTLR WAS SET TO 17000 FT AND THE CLB WAS CONTINUED. PASSING 10200 FT A TCASII RA WAS RECEIVED AND THE COMMANDS WERE FOLLOWED. TFC WAS OBSERVED XING OUR 12 O'CLOCK POS FROM L TO R. A CALL TO DEP CTL WAS MADE STATING ACR XXXX UNABLE CLB RESPONDING TO AN RA. DEP CTL DID NOT RESPOND TO THIS CALL. HOWEVER, ABOUT A MIN LATER, DEP CTL AGAIN CALLED WITH A CLRNC DIRECT TO TRISS, CLB AND MAINTAIN 17000 FT. THE FLT CONDITIONS WERE VFR AND NO ABRUPT ACFT MANEUVERING WAS REQUIRED. THE REMAINDER OF THE DEP WAS FLOWN NORMALLY. AS USUAL, THIS WAS A BUSY TIME, AND THERE WERE NON-STOP RADIO XMISSIONS BEING MADE FROM AND TO DEP CTL.

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.