Narrative:

LR35 sbound climbing to FL390. MD80 wbound FL350. Asked LR35 if he could be above FL370 in less than 3 mins. He replied affirmative. When it looked like he was not going to make it, I asked again. We had different ideas on how much time was left for him to be out of FL370. Issued turn to LR35. Issued turn to MD80 twice, but pilot did not hear clearance.

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Original NASA ASRS Text

Title: LR35 DID NOT ADHERE TO ATC CLRNC TO VACATE AN ALT ABOVE THE MD80. CTLR TRIED TO RECOVER, BUT WAS TOO LATE. LOST SEPARATION.

Narrative: LR35 SBOUND CLBING TO FL390. MD80 WBOUND FL350. ASKED LR35 IF HE COULD BE ABOVE FL370 IN LESS THAN 3 MINS. HE REPLIED AFFIRMATIVE. WHEN IT LOOKED LIKE HE WAS NOT GOING TO MAKE IT, I ASKED AGAIN. WE HAD DIFFERENT IDEAS ON HOW MUCH TIME WAS LEFT FOR HIM TO BE OUT OF FL370. ISSUED TURN TO LR35. ISSUED TURN TO MD80 TWICE, BUT PLT DID NOT HEAR CLRNC.

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.