A departing B727 was given an altitude restr of 7000 ft and issued commuter traffic at 8000 ft. The B727 reporter noted that the arriving aircraft continued descent through 8000 ft and was issued an immediate climb by the controller. At the same time, the reporter was receiving a TCASII RA commanding a descent, however, they continued a climbing right turn to avoid the conflicting traffic.

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Attributes
ACN	371675
Time
Date	199706
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : mem
State Reference	TN
Altitude	msl bound lower : 7000 msl bound upper : 7000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : mem
Operator	common carrier : air carrier
Make Model Name	B727 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Route In Use	departure other
Flight Plan	IFR
Aircraft 2
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 180 flight time total : 25000 flight time type : 10000
ASRS Report	371675
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	conflict : nmac non adherence : required legal separation non adherence : published procedure other anomaly other
Independent Detector	other controllera other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 50 vertical : 300
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Shortly after takeoff from runway 18R in mem, given a heading of 270 degrees and told to level off at 7000 ft. Called level at 7000 ft hoping to continue climb. Were informed of traffic at 8000 ft and 10 O'clock position. Picked up traffic on TCASII but noted he was in a descent passing through 500 ft above our altitude. Controller asked if we had traffic in sight and immediately told us to climb. We initiated a climbing right turn as the TCASII started to give an RA to descend. Increased climb rate and decreased rate of turn and cleared an aircraft commuter by approximately 300 ft. When queried the controller said there was a miscom. The commuter aircraft was not on our frequency.

Original NASA ASRS Text

Title: A DEPARTING B727 WAS GIVEN AN ALT RESTR OF 7000 FT AND ISSUED COMMUTER TFC AT 8000 FT. THE B727 RPTR NOTED THAT THE ARRIVING ACFT CONTINUED DSCNT THROUGH 8000 FT AND WAS ISSUED AN IMMEDIATE CLB BY THE CTLR. AT THE SAME TIME, THE RPTR WAS RECEIVING A TCASII RA COMMANDING A DSCNT, HOWEVER, THEY CONTINUED A CLBING R TURN TO AVOID THE CONFLICTING TFC.

Narrative: SHORTLY AFTER TKOF FROM RWY 18R IN MEM, GIVEN A HDG OF 270 DEGS AND TOLD TO LEVEL OFF AT 7000 FT. CALLED LEVEL AT 7000 FT HOPING TO CONTINUE CLB. WERE INFORMED OF TFC AT 8000 FT AND 10 O'CLOCK POS. PICKED UP TFC ON TCASII BUT NOTED HE WAS IN A DSCNT PASSING THROUGH 500 FT ABOVE OUR ALT. CTLR ASKED IF WE HAD TFC IN SIGHT AND IMMEDIATELY TOLD US TO CLB. WE INITIATED A CLBING R TURN AS THE TCASII STARTED TO GIVE AN RA TO DSND. INCREASED CLB RATE AND DECREASED RATE OF TURN AND CLRED AN ACFT COMMUTER BY APPROX 300 FT. WHEN QUERIED THE CTLR SAID THERE WAS A MISCOM. THE COMMUTER ACFT WAS NOT ON OUR FREQ.

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.