Flight crew responded to TCASII alert and deviated from assigned altitude.

Attributes
ACN	291440
Time
Date	199412
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : dbq
State Reference	IA
Altitude	msl bound lower : 39000 msl bound upper : 39600
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	artcc : zau
Operator	common carrier : air carrier
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	cruise other
Route In Use	enroute airway : zau
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	other : unknown
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : flight engineer pilot : cfi pilot : atp
Experience	flight time last 90 days : 180 flight time total : 11000 flight time type : 3500
ASRS Report	291440
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 150 flight time total : 21000 flight time type : 450
ASRS Report	291614
Events
Anomaly	altitude deviation : excursion from assigned altitude non adherence : clearance other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified
Resolutory Action	controller : issued new clearance flight crew : returned to intended course or assigned course flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 36000 vertical : 1000
Supplementary
Primary Problem	Aircraft
Air Traffic Incident	Pilot Deviation

Narrative:

At cruise flight eastbound FL390, an RA was received. Visual contact was made and the first officer maneuvered the aircraft in a climb to FL396 to comply with the advisory. ZAU was advised and also advised of our return to FL390. ATC had earlier requested a faster cruise speed while at FL410. We were unable to comply and were then assigned FL390. I believe the controller meant to give us further descent when he would be able. A number of mins later (5-10) we received a TA also at FL390, 12 O'clock, moving right to left. When we queried ATC the TA became an RA commanding a climb which we did. ATC responded with a descent clearance to FL370. We declined that clearance as it was opposite our RA. Our maximum altitude was FL396. We returned to FL390 and then accepted the FL370 clearance the other aircraft did receive an RA to descend. Supplemental information from acn 291614: we had visual contact with crossing traffic at all times. Conflicting traffic estimated to be at more than 6 mi or greater and visibility was unlimited.

Original NASA ASRS Text

Title: FLC RESPONDED TO TCASII ALERT AND DEVIATED FROM ASSIGNED ALT.

Narrative: AT CRUISE FLT EBOUND FL390, AN RA WAS RECEIVED. VISUAL CONTACT WAS MADE AND THE FO MANEUVERED THE ACFT IN A CLB TO FL396 TO COMPLY WITH THE ADVISORY. ZAU WAS ADVISED AND ALSO ADVISED OF OUR RETURN TO FL390. ATC HAD EARLIER REQUESTED A FASTER CRUISE SPD WHILE AT FL410. WE WERE UNABLE TO COMPLY AND WERE THEN ASSIGNED FL390. I BELIEVE THE CTLR MEANT TO GIVE US FURTHER DSCNT WHEN HE WOULD BE ABLE. A NUMBER OF MINS LATER (5-10) WE RECEIVED A TA ALSO AT FL390, 12 O'CLOCK, MOVING R TO L. WHEN WE QUERIED ATC THE TA BECAME AN RA COMMANDING A CLB WHICH WE DID. ATC RESPONDED WITH A DSCNT CLRNC TO FL370. WE DECLINED THAT CLRNC AS IT WAS OPPOSITE OUR RA. OUR MAX ALT WAS FL396. WE RETURNED TO FL390 AND THEN ACCEPTED THE FL370 CLRNC THE OTHER ACFT DID RECEIVE AN RA TO DSND. SUPPLEMENTAL INFO FROM ACN 291614: WE HAD VISUAL CONTACT WITH XING TFC AT ALL TIMES. CONFLICTING TFC ESTIMATED TO BE AT MORE THAN 6 MI OR GREATER AND VISIBILITY WAS UNLIMITED.

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.