An air carrier MD80 flight crew report a potential conflict that occurred when a departure controller cleared them to climb through an occupied altitude. The controller and the flight crew's TCASII caught the error and the controller issued divergent vectors to resolve the problem.

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Attributes
ACN	386279
Time
Date	199711
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : mqp airport : dfw
State Reference	TX
Altitude	msl bound lower : 10000 msl bound upper : 10000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : dfw
Operator	common carrier : air carrier
Make Model Name	MD-80 Super 80
Operating Under FAR Part	Part 121
Navigation In Use	Other
Flight Phase	climbout : intermediate altitude
Route In Use	departure other enroute : on vectors
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 : captain oversight : pic
Qualification	pilot : atp
ASRS Report	386279
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
ASRS Report	386280
Events
Anomaly	other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other controllera other flight crewa
Resolutory Action	controller : issued new clearance other
Consequence	Other
Miss Distance	horizontal : 24000 vertical : 0
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	other

Narrative:

After takeoff from dfw, we were assigned heading 230 degrees while climbing to 10000 ft. At approximately 8000 ft we were cleared to 17000 ft. Passing about 10000 ft, the copilot noticed an aircraft in our vicinity just as the TCASII sounded a traffic alert and the departure controller issued a left turn to 180 degrees and gave the other aircraft some heading. We probably came no closer than 4-5 mi from the other aircraft. The copilot and I both heard the controller give us a climb to 17000 ft. The radio frequency was not cluttered up with other aircraft chatter, so we are quite confident we did not mistake our call sign or the altitude.

Original NASA ASRS Text

Title: AN ACR MD80 FLC RPT A POTENTIAL CONFLICT THAT OCCURRED WHEN A DEP CTLR CLRED THEM TO CLB THROUGH AN OCCUPIED ALT. THE CTLR AND THE FLC'S TCASII CAUGHT THE ERROR AND THE CTLR ISSUED DIVERGENT VECTORS TO RESOLVE THE PROB.

Narrative: AFTER TKOF FROM DFW, WE WERE ASSIGNED HDG 230 DEGS WHILE CLBING TO 10000 FT. AT APPROX 8000 FT WE WERE CLRED TO 17000 FT. PASSING ABOUT 10000 FT, THE COPLT NOTICED AN ACFT IN OUR VICINITY JUST AS THE TCASII SOUNDED A TFC ALERT AND THE DEP CTLR ISSUED A L TURN TO 180 DEGS AND GAVE THE OTHER ACFT SOME HEADING. WE PROBABLY CAME NO CLOSER THAN 4-5 MI FROM THE OTHER ACFT. THE COPLT AND I BOTH HEARD THE CTLR GIVE US A CLB TO 17000 FT. THE RADIO FREQ WAS NOT CLUTTERED UP WITH OTHER ACFT CHATTER, SO WE ARE QUITE CONFIDENT WE DID NOT MISTAKE OUR CALL SIGN OR THE ALT.

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.