Potential conflict with less than standard separation not resolved in opposite direction traffic incident. Climb through occupied altitude when crossing restriction not met. Altitude deviation altitude undershot.

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Attributes
ACN	215715
Time
Date	199207
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : pta
State Reference	FO
Altitude	msl bound lower : 33500 msl bound upper : 35000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Route In Use	enroute airway : w2 enroute airway : a554
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : cfi pilot : atp pilot : flight engineer
Experience	flight time last 90 days : 210 flight time total : 17000 flight time type : 900
ASRS Report	215715
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Events
Anomaly	altitude deviation : crossing restriction not met altitude deviation : undershoot conflict : airborne less severe non adherence : clearance non adherence : required legal separation other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : unable
Consequence	Other
Miss Distance	horizontal : 6000 vertical : 500
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error
Situations
ATC Facility	other physical facility procedure or policy : unspecified

Narrative:

We departed santo domingo at XY46Z on the kodix 2 departure. Passing FL220 we were asked by santo domingo acc (124.3) to cross 15 DME southeast of puerto plata VOR at or above FL350. We were cleared to FL390. We stated 3 times that we were unable to comply with this clearance. During radio exchanges we were told the conflicting traffic was expected to cross puerto plata VOR at XX07Z at FL330. Numerous other aircraft were on the frequency and communications were occurring in both spanish and english. The controller did not respond to our being unable to cross 15 DME south of pta at FL350. We expected an altitude change or rerte or a change in clearance for the other aircraft. None of this happened and we could not get a word in on the frequency to question the controller. At XX01Z we heard another air carrier on the frequency asking about an observed (visual or TCASII??) aircraft at our position and altitude. At XX02, 17 DME southeast of puerto plata we observed the air carrier Y aircraft passing to our right as we climbed through FL335. Both aircraft acknowledged on 124.3. Pta acc (center) then responded that they did not know we had stated that we were unable to comply with their crossing request. We were on A-554 and air carrier Y was sbound on W-2, a nearby airway out of pta. No further applicable statements by pta center or air carrier Y were made. This problem was caused by an overworked controller, a non-radar environment with jets, and language difficulties.

Original NASA ASRS Text

Title: POTENTIAL CONFLICT WITH LTSS NOT RESOLVED IN OPPOSITE DIRECTION TFC INCIDENT. CLB THROUGH OCCUPIED ALT WHEN XING RESTRICTION NOT MET. ALTDEV ALT UNDERSHOT.

Narrative: WE DEPARTED SANTO DOMINGO AT XY46Z ON THE KODIX 2 DEP. PASSING FL220 WE WERE ASKED BY SANTO DOMINGO ACC (124.3) TO CROSS 15 DME SE OF PUERTO PLATA VOR AT OR ABOVE FL350. WE WERE CLRED TO FL390. WE STATED 3 TIMES THAT WE WERE UNABLE TO COMPLY WITH THIS CLRNC. DURING RADIO EXCHANGES WE WERE TOLD THE CONFLICTING TFC WAS EXPECTED TO CROSS PUERTO PLATA VOR AT XX07Z AT FL330. NUMEROUS OTHER ACFT WERE ON THE FREQ AND COMS WERE OCCURRING IN BOTH SPANISH AND ENGLISH. THE CTLR DID NOT RESPOND TO OUR BEING UNABLE TO CROSS 15 DME S OF PTA AT FL350. WE EXPECTED AN ALT CHANGE OR RERTE OR A CHANGE IN CLRNC FOR THE OTHER ACFT. NONE OF THIS HAPPENED AND WE COULD NOT GET A WORD IN ON THE FREQ TO QUESTION THE CTLR. AT XX01Z WE HEARD ANOTHER ACR ON THE FREQ ASKING ABOUT AN OBSERVED (VISUAL OR TCASII??) ACFT AT OUR POS AND ALT. AT XX02, 17 DME SE OF PUERTO PLATA WE OBSERVED THE ACR Y ACFT PASSING TO OUR R AS WE CLBED THROUGH FL335. BOTH ACFT ACKNOWLEDGED ON 124.3. PTA ACC (CTR) THEN RESPONDED THAT THEY DID NOT KNOW WE HAD STATED THAT WE WERE UNABLE TO COMPLY WITH THEIR XING REQUEST. WE WERE ON A-554 AND ACR Y WAS SBOUND ON W-2, A NEARBY AIRWAY OUT OF PTA. NO FURTHER APPLICABLE STATEMENTS BY PTA CTR OR ACR Y WERE MADE. THIS PROBLEM WAS CAUSED BY AN OVERWORKED CTLR, A NON-RADAR ENVIRONMENT WITH JETS, AND LANGUAGE DIFFICULTIES.

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.