Narrative:

First officer's leg from san to las. Normal takeoff. Told to switch to departure. We were told of an spc at our 6 O'clock position who had us in sight. We did not have a visibility on him and said so. We were told by ATC that we were to maintain 8000' and the spc would maintain 9000'. Moments later we were told that the spc had a visibility on us and that he would be descending to 4000'. We said we did not have him in sight. ATC said it was ok, that he had us in sight. ATC turned us off the SID to a heading southeast. At that time we spotted the spc and told departure it looked 'uncomfortable' to us (to say the least). We heard the proximity alert go off in the control room and later found out (through a phone call) that the pilot 'thought' he had our medium large transport in sight, but rather had sight of some other object and not us! Due to the proximity of the spc and the descent rate he was performing, it was best to 'hold what we had' in our controls to avoid a mishap and no evasive action was taken. However, if we were able to see him earlier, we would have surely done so. I don't think it was a good idea for the controller to allow the spc to descend through our altitude.

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Original NASA ASRS Text

Title: CLOSE PROX ACR-MLG MIL-SPC IN SAN TCA AT NIGHT.

Narrative: F/O'S LEG FROM SAN TO LAS. NORMAL TKOF. TOLD TO SWITCH TO DEP. WE WERE TOLD OF AN SPC AT OUR 6 O'CLOCK POS WHO HAD US IN SIGHT. WE DID NOT HAVE A VIS ON HIM AND SAID SO. WE WERE TOLD BY ATC THAT WE WERE TO MAINTAIN 8000' AND THE SPC WOULD MAINTAIN 9000'. MOMENTS LATER WE WERE TOLD THAT THE SPC HAD A VIS ON US AND THAT HE WOULD BE DSNDING TO 4000'. WE SAID WE DID NOT HAVE HIM IN SIGHT. ATC SAID IT WAS OK, THAT HE HAD US IN SIGHT. ATC TURNED US OFF THE SID TO A HDG SE. AT THAT TIME WE SPOTTED THE SPC AND TOLD DEP IT LOOKED 'UNCOMFORTABLE' TO US (TO SAY THE LEAST). WE HEARD THE PROX ALERT GO OFF IN THE CONTROL ROOM AND LATER FOUND OUT (THROUGH A PHONE CALL) THAT THE PLT 'THOUGHT' HE HAD OUR MLG IN SIGHT, BUT RATHER HAD SIGHT OF SOME OTHER OBJECT AND NOT US! DUE TO THE PROX OF THE SPC AND THE DSCNT RATE HE WAS PERFORMING, IT WAS BEST TO 'HOLD WHAT WE HAD' IN OUR CONTROLS TO AVOID A MISHAP AND NO EVASIVE ACTION WAS TAKEN. HOWEVER, IF WE WERE ABLE TO SEE HIM EARLIER, WE WOULD HAVE SURELY DONE SO. I DON'T THINK IT WAS A GOOD IDEA FOR THE CTLR TO ALLOW THE SPC TO DSND THROUGH OUR ALT.

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.