Narrative:

At mid morning we met with ft smith, ar approach air traffic and the fayetteville, ar radar engineer. We discussed and planned the flight inspection routing and flight profile required to commission the fayetteville, ar, ASR radar site. We had clear skies and would do the flight check VFR with ft smith approach providing ATC radar advisory services. Ft smith approach would coordination with memphis ARTCC and kansas city ARTCC for our flight in their airspace. We would be flying outbound and inbound on the fayetteville radar 360 degrees bearing at the prescribed altitudes for the flight check. The flight inspection profile required us to fly the 360 degree bearing at 1000 ft, 2000 ft, 3000 ft, 5000 ft, 7000 ft, 10000 ft, 15000 ft, and 20000 ft above radar site elevation. (1900 ft MSL) each run would go out 40-65 NM from the radar site. At about 1 1/2 hours into the inspection, we had completed runs at 1000 ft, 2000 ft, 3000 ft and 5000 ft. We were outbound on the 7000 ft run (8900 ft MSL) when we observed a climbing twin engine commuter aircraft 3000 ft below and ahead, slightly left and diverging at 20-25 degrees. The commuter aircraft leveled off below us about 500 ft at 10 O'clock and 3/4 mi. We advised ft smith approach that we had the aircraft in sight. The commuter aircraft suddenly made a right turn toward us. I immediately initiated a right climbing 360 degree turn away and lost sight of the commuter aircraft in the turn. Ft smith approach advised that the traffic was clear and that ZME wanted us on their frequency. The memphis controller was very angry that we were at 8900 ft MSL and not on an IFR flight plan. The controller said that we were at an altitude that he needed for the commuter aircraft and that the commuter pilot would not climb to our altitude. The controller offered and we accepted an IFR block of 8000-10000 ft and continued IFR through the completion of the radar check. Ft smith approach advised later that the memphis controller had a 'point out' on our aircraft during the inspection. During flight inspections, flight inspection aircraft have an exemption to far 91 cruising altitude rules. This is due to the different altitudes required to flight inspect navigation facilities. Although we were VFR, I do not believe that the memphis controller should have tried to climb the commuter aircraft to our altitude due to our close proximity.

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Original NASA ASRS Text

Title: CONFLICT-INTERCOORD PROB.

Narrative: AT MID MORNING WE MET WITH FT SMITH, AR APCH AIR TFC AND THE FAYETTEVILLE, AR RADAR ENGINEER. WE DISCUSSED AND PLANNED THE FLT INSPECTION RTING AND FLT PROFILE REQUIRED TO COMMISSION THE FAYETTEVILLE, AR, ASR RADAR SITE. WE HAD CLR SKIES AND WOULD DO THE FLT CHK VFR WITH FT SMITH APCH PROVIDING ATC RADAR ADVISORY SVCS. FT SMITH APCH WOULD COORD WITH MEMPHIS ARTCC AND KANSAS CITY ARTCC FOR OUR FLT IN THEIR AIRSPACE. WE WOULD BE FLYING OUTBOUND AND INBOUND ON THE FAYETTEVILLE RADAR 360 DEGS BEARING AT THE PRESCRIBED ALTS FOR THE FLT CHK. THE FLT INSPECTION PROFILE REQUIRED US TO FLY THE 360 DEG BEARING AT 1000 FT, 2000 FT, 3000 FT, 5000 FT, 7000 FT, 10000 FT, 15000 FT, AND 20000 FT ABOVE RADAR SITE ELEVATION. (1900 FT MSL) EACH RUN WOULD GO OUT 40-65 NM FROM THE RADAR SITE. AT ABOUT 1 1/2 HRS INTO THE INSPECTION, WE HAD COMPLETED RUNS AT 1000 FT, 2000 FT, 3000 FT AND 5000 FT. WE WERE OUTBOUND ON THE 7000 FT RUN (8900 FT MSL) WHEN WE OBSERVED A CLBING TWIN ENG COMMUTER ACFT 3000 FT BELOW AND AHEAD, SLIGHTLY L AND DIVERGING AT 20-25 DEGS. THE COMMUTER ACFT LEVELED OFF BELOW US ABOUT 500 FT AT 10 O'CLOCK AND 3/4 MI. WE ADVISED FT SMITH APCH THAT WE HAD THE ACFT IN SIGHT. THE COMMUTER ACFT SUDDENLY MADE A R TURN TOWARD US. I IMMEDIATELY INITIATED A R CLBING 360 DEG TURN AWAY AND LOST SIGHT OF THE COMMUTER ACFT IN THE TURN. FT SMITH APCH ADVISED THAT THE TFC WAS CLR AND THAT ZME WANTED US ON THEIR FREQ. THE MEMPHIS CTLR WAS VERY ANGRY THAT WE WERE AT 8900 FT MSL AND NOT ON AN IFR FLT PLAN. THE CTLR SAID THAT WE WERE AT AN ALT THAT HE NEEDED FOR THE COMMUTER ACFT AND THAT THE COMMUTER PLT WOULD NOT CLB TO OUR ALT. THE CTLR OFFERED AND WE ACCEPTED AN IFR BLOCK OF 8000-10000 FT AND CONTINUED IFR THROUGH THE COMPLETION OF THE RADAR CHK. FT SMITH APCH ADVISED LATER THAT THE MEMPHIS CTLR HAD A 'POINT OUT' ON OUR ACFT DURING THE INSPECTION. DURING FLT INSPECTIONS, FLT INSPECTION ACFT HAVE AN EXEMPTION TO FAR 91 CRUISING ALT RULES. THIS IS DUE TO THE DIFFERENT ALTS REQUIRED TO FLT INSPECT NAV FACILITIES. ALTHOUGH WE WERE VFR, I DO NOT BELIEVE THAT THE MEMPHIS CTLR SHOULD HAVE TRIED TO CLB THE COMMUTER ACFT TO OUR ALT DUE TO OUR CLOSE PROX.

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.