Narrative:

The flight we were doing was a photography flight which we had been doing for 2 months. Our job requires us to fly a grid on a GPS of several counties around the raleigh area. On this day we were taking photos in wake county and would be flying directly over rdu airport. However, we were flying at 4500 ft, which is required for the photos. This is above raleigh class C airspace which had a ceiling of 4400 ft. On this day like very other day I had requested flight following from raleigh approach. The controller told me that he wasn't going to deal with us on this day as if we had no right to be there. Eventually we worked things out and I began my photo runs. Raleigh approach called me and advised me of departing traffic which would be at my 12 O'clock position. I told him I would be looking for traffic. He also advised the departing fokker jet of my position and altitude of 4500 ft. The fokker was originally cleared to climb above my altitude to 6000 ft or 7000 ft. The controller then advised him to level off at 4000 ft for traffic, my aircraft at 4500 ft. Moments later I spotted the fokker at my altitude on a collision course at about my 7 O'clock position. I observed my altitude of 4500 ft and then made a hard left, descending turn to avoid him. I could not advise approach control of my change for about 10 seconds due to other traffic on the radio. The controller responded to me when I did in an unreasonable tone to climb back to 4500 ft and not to change until advised otherwise. At this time I was at 4200 ft, the lowest altitude I had descended to because of the situation. The controller said that I had descended to 4000 ft prior to the incident. This was not true. It is my belief that the fokker climbed beyond 4000 ft to his originally assigned altitude. I believe this because when at 4200 ft, I observed him at my 4-5 O'clock position and above my altitude. I did verify my altitude of 4200 ft. I thought it was strange because he was assigned 4000 ft. I don't really know if the controller realized who was off their altitude but he assumed it was me. I'm 100 percent sure it was not. I had my altimeter set to 29.95 which was the current setting I received from raleigh ATIS information. I believe some of the controllers at raleigh treat small aircraft unfairly and always give the airliners priority. This has been my experience along with many other pilots flying in the raleigh class C airspace.

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Original NASA ASRS Text

Title: RPTING PLT OF SMA ACFT EXPERIENCED CONFLICT WITH AN ACR DEP DURING PHOTO MISSION. BOTH FLTS UNDER RADAR CTL, SMA ACFT OPERATING VFR ABOVE CLASS C AIRSPACE. RPTR CLAIMS THAT ACR CLBED ABOVE ASSIGNED ALT. RPTING PLT TOOK EVASIVE ACTION AND DSNDED TO AVOID ACR.

Narrative: THE FLT WE WERE DOING WAS A PHOTOGRAPHY FLT WHICH WE HAD BEEN DOING FOR 2 MONTHS. OUR JOB REQUIRES US TO FLY A GRID ON A GPS OF SEVERAL COUNTIES AROUND THE RALEIGH AREA. ON THIS DAY WE WERE TAKING PHOTOS IN WAKE COUNTY AND WOULD BE FLYING DIRECTLY OVER RDU ARPT. HOWEVER, WE WERE FLYING AT 4500 FT, WHICH IS REQUIRED FOR THE PHOTOS. THIS IS ABOVE RALEIGH CLASS C AIRSPACE WHICH HAD A CEILING OF 4400 FT. ON THIS DAY LIKE VERY OTHER DAY I HAD REQUESTED FLT FOLLOWING FROM RALEIGH APCH. THE CTLR TOLD ME THAT HE WASN'T GOING TO DEAL WITH US ON THIS DAY AS IF WE HAD NO RIGHT TO BE THERE. EVENTUALLY WE WORKED THINGS OUT AND I BEGAN MY PHOTO RUNS. RALEIGH APCH CALLED ME AND ADVISED ME OF DEPARTING TFC WHICH WOULD BE AT MY 12 O'CLOCK POS. I TOLD HIM I WOULD BE LOOKING FOR TFC. HE ALSO ADVISED THE DEPARTING FOKKER JET OF MY POS AND ALT OF 4500 FT. THE FOKKER WAS ORIGINALLY CLRED TO CLB ABOVE MY ALT TO 6000 FT OR 7000 FT. THE CTLR THEN ADVISED HIM TO LEVEL OFF AT 4000 FT FOR TFC, MY ACFT AT 4500 FT. MOMENTS LATER I SPOTTED THE FOKKER AT MY ALT ON A COLLISION COURSE AT ABOUT MY 7 O'CLOCK POS. I OBSERVED MY ALT OF 4500 FT AND THEN MADE A HARD L, DSNDING TURN TO AVOID HIM. I COULD NOT ADVISE APCH CTL OF MY CHANGE FOR ABOUT 10 SECONDS DUE TO OTHER TFC ON THE RADIO. THE CTLR RESPONDED TO ME WHEN I DID IN AN UNREASONABLE TONE TO CLB BACK TO 4500 FT AND NOT TO CHANGE UNTIL ADVISED OTHERWISE. AT THIS TIME I WAS AT 4200 FT, THE LOWEST ALT I HAD DSNDED TO BECAUSE OF THE SIT. THE CTLR SAID THAT I HAD DSNDED TO 4000 FT PRIOR TO THE INCIDENT. THIS WAS NOT TRUE. IT IS MY BELIEF THAT THE FOKKER CLBED BEYOND 4000 FT TO HIS ORIGINALLY ASSIGNED ALT. I BELIEVE THIS BECAUSE WHEN AT 4200 FT, I OBSERVED HIM AT MY 4-5 O'CLOCK POS AND ABOVE MY ALT. I DID VERIFY MY ALT OF 4200 FT. I THOUGHT IT WAS STRANGE BECAUSE HE WAS ASSIGNED 4000 FT. I DON'T REALLY KNOW IF THE CTLR REALIZED WHO WAS OFF THEIR ALT BUT HE ASSUMED IT WAS ME. I'M 100 PERCENT SURE IT WAS NOT. I HAD MY ALTIMETER SET TO 29.95 WHICH WAS THE CURRENT SETTING I RECEIVED FROM RALEIGH ATIS INFO. I BELIEVE SOME OF THE CTLRS AT RALEIGH TREAT SMALL ACFT UNFAIRLY AND ALWAYS GIVE THE AIRLINERS PRIORITY. THIS HAS BEEN MY EXPERIENCE ALONG WITH MANY OTHER PLTS FLYING IN THE RALEIGH CLASS C AIRSPACE.

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.