An air carrier medium large transport had another air carrier medium large transport at his altitude with less than standard separation. ATC claimed that it did not have the reporter's transponder. Frequency congestion added to the control problem.

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Attributes
ACN	209187
Time
Date	199204
Day	Tue
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : ewr
State Reference	NJ
Altitude	agl bound lower : 5000 agl bound upper : 10000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90 tower : ewr
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	climbout : initial climbout : takeoff
Route In Use	enroute airway : n90
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 13000 flight time type : 8000
ASRS Report	209187
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	aircraft equipment problem : less severe non adherence : required legal separation other anomaly other
Independent Detector	other flight crewa
Resolutory Action	controller : issued new clearance
Consequence	Other
Miss Distance	horizontal : 12000 vertical : 0
Supplementary
Primary Problem	Aircraft
Air Traffic Incident	other

Narrative:

We departed ewr at XB28Z. Contact with new york departure (frequency 119.2) was delayed due to extremely congested frequency. When the controller received our call 'climbing to 5000 ft') he replied by clearing us to 10000 ft. Air carrier medium large transport appeared among the cumulus clouds; passing from right to left at our altitude. (He appeared to be descending). The controller was notified, then asked to 'check it out.' he replied he was not getting our transponder and told us to level at 9000 ft. Remainder of departure was uneventful.

Original NASA ASRS Text

Title: AN ACR MLG HAD ANOTHER ACR MLG AT HIS ALT WITH LTSS. ATC CLAIMED THAT IT DID NOT HAVE THE RPTR'S TRANSPONDER. FREQ CONGESTION ADDED TO THE CTL PROBLEM.

Narrative: WE DEPARTED EWR AT XB28Z. CONTACT WITH NEW YORK DEP (FREQ 119.2) WAS DELAYED DUE TO EXTREMELY CONGESTED FREQ. WHEN THE CTLR RECEIVED OUR CALL 'CLBING TO 5000 FT') HE REPLIED BY CLRING US TO 10000 FT. ACR MLG APPEARED AMONG THE CUMULUS CLOUDS; PASSING FROM R TO L AT OUR ALT. (HE APPEARED TO BE DSNDING). THE CTLR WAS NOTIFIED, THEN ASKED TO 'CHK IT OUT.' HE REPLIED HE WAS NOT GETTING OUR TRANSPONDER AND TOLD US TO LEVEL AT 9000 FT. REMAINDER OF DEP WAS UNEVENTFUL.

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.