Narrative:

Original clearance to FL350 by mdlr tower. After takeoff, handed off to sto dgo on 124.3. He refused the handoff and told us to contact las americas approach, 119.3. We did so. 119.3 said 'contact 124.3.' we did. 124.3 again told us to 'contact las americas approach 119.3.' we again contacted 119.3 -- he once again told us to contact 124.3. Each time I changed frequencys I reported estimated position and 'climbing to FL350.' sto dgo finally accepted us and simply said 'roger.' having established what I thought was positive acknowledgement and control by sto dgo, I handed radio control of 124.3 to co-captain (PF) by saying 'I'm off the air to talk with miami.' he acknowledged with 'roger.' at this time, approximately XA30 local, I made contact with miami (132.3) and was reported radar contact 25 mi southeast of pta. As it is necessary to maintain coordination with miami when crossing their fir, we maintained the 'split' radio confign (PF with sto dgo, and me with miami). At this time miami gave me our oceanic clearance and were also assigned FL350. Shortly after passing pta, miami called and asked if we were calling. I replied in the negative. No further calls were made by us or miami until approximately 3 mi south of sekar (fir). At this time miami called and reported 'traffic 12 O'clock, opposite direction, FL330.' I am sure he gave the range, but I don't remember it now. I looked out the windshield and saw the traffic 12 O'clock and low. My altimeter at this time read 34200 ft and we were climbing at 1000 FPM and in a left turn. Just seconds prior to miami calling the traffic, sto dgo had called the conflict and PF was following his RA from the TCASII as well as the turn to 300 degrees given by sto dgo. PF later told me he had observed the TCASII target for about 1 min prior to TA by sto dgo and was ready to take evasive action if necessary, even without any commands from ATC. Sto dgo control on 124.3 is a very poor quality radio. We had complained upon our arrival in mdlr and also heard other air carrier flight report radio as 3x3. Radio quality needs to improve as well as handoffs. Sto dgo says that we were only cleared to FL310, however, I personally never heard such a clearance and neither did PF. All clrncs were received and read back as FL350.

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Original NASA ASRS Text

Title: AN ALLEGED ALTDEV ALT OVERSHOT CREATED A POTENTIAL CONFLICT LTSS WITH OPPOSITE DIRECTION TFC.

Narrative: ORIGINAL CLRNC TO FL350 BY MDLR TWR. AFTER TKOF, HANDED OFF TO STO DGO ON 124.3. HE REFUSED THE HDOF AND TOLD US TO CONTACT LAS AMERICAS APCH, 119.3. WE DID SO. 119.3 SAID 'CONTACT 124.3.' WE DID. 124.3 AGAIN TOLD US TO 'CONTACT LAS AMERICAS APCH 119.3.' WE AGAIN CONTACTED 119.3 -- HE ONCE AGAIN TOLD US TO CONTACT 124.3. EACH TIME I CHANGED FREQS I RPTED ESTIMATED POS AND 'CLBING TO FL350.' STO DGO FINALLY ACCEPTED US AND SIMPLY SAID 'ROGER.' HAVING ESTABLISHED WHAT I THOUGHT WAS POSITIVE ACKNOWLEDGEMENT AND CTL BY STO DGO, I HANDED RADIO CTL OF 124.3 TO CO-CAPT (PF) BY SAYING 'I'M OFF THE AIR TO TALK WITH MIAMI.' HE ACKNOWLEDGED WITH 'ROGER.' AT THIS TIME, APPROX XA30 LCL, I MADE CONTACT WITH MIAMI (132.3) AND WAS RPTED RADAR CONTACT 25 MI SE OF PTA. AS IT IS NECESSARY TO MAINTAIN COORD WITH MIAMI WHEN XING THEIR FIR, WE MAINTAINED THE 'SPLIT' RADIO CONFIGN (PF WITH STO DGO, AND ME WITH MIAMI). AT THIS TIME MIAMI GAVE ME OUR OCEANIC CLRNC AND WERE ALSO ASSIGNED FL350. SHORTLY AFTER PASSING PTA, MIAMI CALLED AND ASKED IF WE WERE CALLING. I REPLIED IN THE NEGATIVE. NO FURTHER CALLS WERE MADE BY US OR MIAMI UNTIL APPROX 3 MI S OF SEKAR (FIR). AT THIS TIME MIAMI CALLED AND RPTED 'TFC 12 O'CLOCK, OPPOSITE DIRECTION, FL330.' I AM SURE HE GAVE THE RANGE, BUT I DON'T REMEMBER IT NOW. I LOOKED OUT THE WINDSHIELD AND SAW THE TFC 12 O'CLOCK AND LOW. MY ALTIMETER AT THIS TIME READ 34200 FT AND WE WERE CLBING AT 1000 FPM AND IN A L TURN. JUST SECONDS PRIOR TO MIAMI CALLING THE TFC, STO DGO HAD CALLED THE CONFLICT AND PF WAS FOLLOWING HIS RA FROM THE TCASII AS WELL AS THE TURN TO 300 DEGS GIVEN BY STO DGO. PF LATER TOLD ME HE HAD OBSERVED THE TCASII TARGET FOR ABOUT 1 MIN PRIOR TO TA BY STO DGO AND WAS READY TO TAKE EVASIVE ACTION IF NECESSARY, EVEN WITHOUT ANY COMMANDS FROM ATC. STO DGO CTL ON 124.3 IS A VERY POOR QUALITY RADIO. WE HAD COMPLAINED UPON OUR ARR IN MDLR AND ALSO HEARD OTHER ACR FLT RPT RADIO AS 3X3. RADIO QUALITY NEEDS TO IMPROVE AS WELL AS HDOFS. STO DGO SAYS THAT WE WERE ONLY CLRED TO FL310, HOWEVER, I PERSONALLY NEVER HEARD SUCH A CLRNC AND NEITHER DID PF. ALL CLRNCS WERE RECEIVED AND READ BACK AS FL350.

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.