Narrative:

While in cruise at FL330, we received a call from ZDV which we understood as follows: 'for traffic, climb to and maintain FL370.' we looked at each other, commented that we didn't want to but were able to, and responded to ZDV, 'leaving FL330 for FL370.' shortly thereafter denver called saying that we had not been cleared to leave FL330, and to return to FL330. This we started to do, when denver gave us a 40 degree heading change to avoid conflict. Maximum altitude reached was FL340 before descent was initiated. Center called us with the position of the traffic and we confirmed visual contact. No TCASII warnings were received. I believe the confusion arose because our reply to denver was not heard, and because the controller was not expecting a reply, as he did not believe he had issued a clearance, he did not repeat his transmission.

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Original NASA ASRS Text

Title: FLC OF A WDB RESPONDED TO CLB CLRNC FOR ANOTHER ACFT BY CLBING, RESULTING IN ATC INTERVENTION AND TA HEADING CHANGE.

Narrative: WHILE IN CRUISE AT FL330, WE RECEIVED A CALL FROM ZDV WHICH WE UNDERSTOOD AS FOLLOWS: 'FOR TFC, CLB TO AND MAINTAIN FL370.' WE LOOKED AT EACH OTHER, COMMENTED THAT WE DIDN'T WANT TO BUT WERE ABLE TO, AND RESPONDED TO ZDV, 'LEAVING FL330 FOR FL370.' SHORTLY THEREAFTER DENVER CALLED SAYING THAT WE HAD NOT BEEN CLRED TO LEAVE FL330, AND TO RETURN TO FL330. THIS WE STARTED TO DO, WHEN DENVER GAVE US A 40 DEG HDG CHANGE TO AVOID CONFLICT. MAX ALT REACHED WAS FL340 BEFORE DSCNT WAS INITIATED. CTR CALLED US WITH THE POS OF THE TFC AND WE CONFIRMED VISUAL CONTACT. NO TCASII WARNINGS WERE RECEIVED. I BELIEVE THE CONFUSION AROSE BECAUSE OUR REPLY TO DENVER WAS NOT HEARD, AND BECAUSE THE CTLR WAS NOT EXPECTING A REPLY, AS HE DID NOT BELIEVE HE HAD ISSUED A CLRNC, HE DID NOT REPEAT HIS XMISSION.

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.