Narrative:

Wbound mdt cleared from 12000 to 3000'. Passing through 7500' we were advised of eastbound MTR at 6000' at 12 O'clock, on an IFR flight plan. At no time was an altitude restriction applied. We were permitted to descend straight toward the MTR. Visibility contact was established at approximately 3 mi. Several seconds later a second voice came on frequency and instructed us to turn left 60 degrees, by which time we had already begun a steep descent to avoid a midair. Upon phoning the columbus approach facility, it was found that the MTR had been assigned 5000' and a frequency change, both of which were missed. Although the MTR was failing to comply with ATC instructions, the entire incident could have been avoided if the mdt, flying into a known conflict, had been restr to 7000' or given an earlier turn. The problem did not lie in the controller's workload distracting him, so much as taking no action while continually watching 2 aircraft converge.

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Original NASA ASRS Text

Title: CLOSE PROX COMMUTER MDT MIL-MTR.

Narrative: WBOUND MDT CLRED FROM 12000 TO 3000'. PASSING THROUGH 7500' WE WERE ADVISED OF EBND MTR AT 6000' AT 12 O'CLOCK, ON AN IFR FLT PLAN. AT NO TIME WAS AN ALT RESTRICTION APPLIED. WE WERE PERMITTED TO DSND STRAIGHT TOWARD THE MTR. VIS CONTACT WAS ESTABLISHED AT APPROX 3 MI. SEVERAL SECS LATER A SECOND VOICE CAME ON FREQ AND INSTRUCTED US TO TURN LEFT 60 DEGS, BY WHICH TIME WE HAD ALREADY BEGUN A STEEP DSCNT TO AVOID A MIDAIR. UPON PHONING THE COLUMBUS APCH FAC, IT WAS FOUND THAT THE MTR HAD BEEN ASSIGNED 5000' AND A FREQ CHANGE, BOTH OF WHICH WERE MISSED. ALTHOUGH THE MTR WAS FAILING TO COMPLY WITH ATC INSTRUCTIONS, THE ENTIRE INCIDENT COULD HAVE BEEN AVOIDED IF THE MDT, FLYING INTO A KNOWN CONFLICT, HAD BEEN RESTR TO 7000' OR GIVEN AN EARLIER TURN. THE PROB DID NOT LIE IN THE CTLR'S WORKLOAD DISTRACTING HIM, SO MUCH AS TAKING NO ACTION WHILE CONTINUALLY WATCHING 2 ACFT CONVERGE.

Data retrieved from NASA's ASRS site as of August 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.