Narrative:

The confusion started when we received our clearance from clearance delivery. We were cleared to dfw via J11 as filed, maintain FL330. Then, on departure, proceed to adn and climb to 5000 ft. However, because adn was not part of our routing, and also because we couldn't understand the controller very well (spanish is spoken on the radio all the time) we though he had said nld which is the first fix on our filed routing. Additionally, when I read back our 'cleared for takeoff' I specifically asked tower if we could turn right on course and climb to FL330. He said 'roger.' we were switched to departure control immediately after takeoff and their first question was for us to state our position. He also said that tower had told us to fly runway heading to 5000 ft. We had already turned to about 010 to intercept J11 and were well through 5000 ft by this time. He also stated there was traffic at 6000 ft over the VOR. (We never saw and traffic on TCASII, so I doubt any separation was lost.) several weeks ago our company put out a memo on how an aircraft doing this exact departure got a GPWS warning because monterey approach kept them at 5000 ft for too long (20 plus mi) so we were looking for higher altitude as soon as possible, also with the mountains west of the field we wanted to be able to climb on course as soon as possible. I felt we were being very cautious about everything, but with the language barrier and miscom it still didn't get straight. Supplemental information from acn 261523: initial check in with departure. He starts telling us FL330 but never clears us without being interrupted with other traffic. I should have made my first officer more aggressive on the radio. With the other radio traffic I could not break in to confirm what mty wanted.

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Original NASA ASRS Text

Title: FLC DEV IN A NON ADHERENCE TO ATC CLRNC INSTRUCTION. HDG TRACK POS ALTDEV. CLRNC INTERP EXPECTED ACKNOWLEDGED READBACK HEARBACK PROB.

Narrative: THE CONFUSION STARTED WHEN WE RECEIVED OUR CLRNC FROM CLRNC DELIVERY. WE WERE CLRED TO DFW VIA J11 AS FILED, MAINTAIN FL330. THEN, ON DEP, PROCEED TO ADN AND CLB TO 5000 FT. HOWEVER, BECAUSE ADN WAS NOT PART OF OUR ROUTING, AND ALSO BECAUSE WE COULDN'T UNDERSTAND THE CTLR VERY WELL (SPANISH IS SPOKEN ON THE RADIO ALL THE TIME) WE THOUGH HE HAD SAID NLD WHICH IS THE FIRST FIX ON OUR FILED ROUTING. ADDITIONALLY, WHEN I READ BACK OUR 'CLRED FOR TKOF' I SPECIFICALLY ASKED TWR IF WE COULD TURN R ON COURSE AND CLB TO FL330. HE SAID 'ROGER.' WE WERE SWITCHED TO DEP CTL IMMEDIATELY AFTER TKOF AND THEIR FIRST QUESTION WAS FOR US TO STATE OUR POS. HE ALSO SAID THAT TWR HAD TOLD US TO FLY RWY HDG TO 5000 FT. WE HAD ALREADY TURNED TO ABOUT 010 TO INTERCEPT J11 AND WERE WELL THROUGH 5000 FT BY THIS TIME. HE ALSO STATED THERE WAS TFC AT 6000 FT OVER THE VOR. (WE NEVER SAW AND TFC ON TCASII, SO I DOUBT ANY SEPARATION WAS LOST.) SEVERAL WKS AGO OUR COMPANY PUT OUT A MEMO ON HOW AN ACFT DOING THIS EXACT DEP GOT A GPWS WARNING BECAUSE MONTEREY APCH KEPT THEM AT 5000 FT FOR TOO LONG (20 PLUS MI) SO WE WERE LOOKING FOR HIGHER ALT ASAP, ALSO WITH THE MOUNTAINS W OF THE FIELD WE WANTED TO BE ABLE TO CLB ON COURSE ASAP. I FELT WE WERE BEING VERY CAUTIOUS ABOUT EVERYTHING, BUT WITH THE LANGUAGE BARRIER AND MISCOM IT STILL DIDN'T GET STRAIGHT. SUPPLEMENTAL INFO FROM ACN 261523: INITIAL CHK IN WITH DEP. HE STARTS TELLING US FL330 BUT NEVER CLRS US WITHOUT BEING INTERRUPTED WITH OTHER TFC. I SHOULD HAVE MADE MY FO MORE AGGRESSIVE ON THE RADIO. WITH THE OTHER RADIO TFC I COULD NOT BREAK IN TO CONFIRM WHAT MTY WANTED.

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.