Narrative:

Air carrier X on climb out of mco. We were cleared to climb to FL230. ATC (ZJX 134.0) called VFR traffic, a citation Y at 17,500 ft. We responded by stating 'we're looking, don't see him, still don't see him.' we got a TCASII TA, then an RA with a 2000 FPM descend command. We made a right turn and follwed TCASII instructions with a 2000 FPM descent as we gained a visual with the traffic slightly above (close) and left. We queried ATC and his exact words were, 'if you didn't want to climb, you didn't have to.' at no time did we say we had the traffic and/or would accept responsibility for visual separation.

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Original NASA ASRS Text

Title: ACR X TCASII TA RA WITH VFR Y. EVASIVE ACTION TAKEN. SEE AND AVOID CONCEPT.

Narrative: ACR X ON CLBOUT OF MCO. WE WERE CLRED TO CLB TO FL230. ATC (ZJX 134.0) CALLED VFR TFC, A CITATION Y AT 17,500 FT. WE RESPONDED BY STATING 'WE'RE LOOKING, DON'T SEE HIM, STILL DON'T SEE HIM.' WE GOT A TCASII TA, THEN AN RA WITH A 2000 FPM DSND COMMAND. WE MADE A R TURN AND FOLLWED TCASII INSTRUCTIONS WITH A 2000 FPM DSCNT AS WE GAINED A VISUAL WITH THE TFC SLIGHTLY ABOVE (CLOSE) AND L. WE QUERIED ATC AND HIS EXACT WORDS WERE, 'IF YOU DIDN'T WANT TO CLB, YOU DIDN'T HAVE TO.' AT NO TIME DID WE SAY WE HAD THE TFC AND/OR WOULD ACCEPT RESPONSIBILITY FOR VISUAL SEPARATION.

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.