E145 flight crew challenges ZNY controller's clearance. Wrong aircraft clearance issued.

Attributes
ACN	467270
Time
Date	200003
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : fqm.vor
State Reference	PA
Altitude	msl bound lower : 27000 msl bound upper : 31000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny.artcc
Operator	common carrier : air carrier
Make Model Name	EMB ERJ 145 ER&LR
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	descent : approach
Route In Use	arrival star : williams port
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zny.artcc
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Route In Use	arrival star : williams port
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 250 flight time total : 5000 flight time type : 700
ASRS Report	467270
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : instrument pilot : commercial
Events
Anomaly	non adherence : published procedure
Independent Detector	other controllera other flight crewa other flight crewb
Resolutory Action	controller : issued advisory controller : issued new clearance flight crew : returned to intended or assigned course
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	ATC Human Performance

Narrative:

We were on the fqm STAR to ewr. We were cruising at FL330 and were given clearance to FL310. We were just west of fqm, this is just about the time we are normally given a crossing restr to cross hayed intersection at FL180. As we descended for FL310, we were given the clearance to cross hayed at FL180 and maintain 310 KTS as we transitioned to IAS. As we passed through FL290 the controller asked us to confirm we were at FL310. We thought he meant 310 KTS and we said no but we were accelerating to 310 KTS. He said we were not given clearance to descend and we were now told to level at FL270 and turn left off of the STAR. We responded and complied and told him then that we were told to cross hayed at FL180. He said we read back clearance for our company who happened to be just in front of us. If this is what happened, then the controller never corrected us on our readback. However company said they were still at FL290 and were not given clearance to cross hayed at FL180. I spoke with this crew personally later in the day and they said that the controller gave our flight, clearance to FL180, as I thought. This problem came from a number of factors. Both company aircraft have similar sounding call signs. We were expecting clearance to cross the fix to come at anytime. We checked on after company and never knew they were on frequency. We were also not corrected in a faulty readback, if indeed it was in error.

Original NASA ASRS Text

Title: E145 FLC CHALLENGES ZNY CTLR'S CLRNC. WRONG ACFT CLRNC ISSUED.

Narrative: WE WERE ON THE FQM STAR TO EWR. WE WERE CRUISING AT FL330 AND WERE GIVEN CLRNC TO FL310. WE WERE JUST W OF FQM, THIS IS JUST ABOUT THE TIME WE ARE NORMALLY GIVEN A XING RESTR TO CROSS HAYED INTXN AT FL180. AS WE DSNDED FOR FL310, WE WERE GIVEN THE CLRNC TO CROSS HAYED AT FL180 AND MAINTAIN 310 KTS AS WE TRANSITIONED TO IAS. AS WE PASSED THROUGH FL290 THE CTLR ASKED US TO CONFIRM WE WERE AT FL310. WE THOUGHT HE MEANT 310 KTS AND WE SAID NO BUT WE WERE ACCELERATING TO 310 KTS. HE SAID WE WERE NOT GIVEN CLRNC TO DSND AND WE WERE NOW TOLD TO LEVEL AT FL270 AND TURN L OFF OF THE STAR. WE RESPONDED AND COMPLIED AND TOLD HIM THEN THAT WE WERE TOLD TO CROSS HAYED AT FL180. HE SAID WE READ BACK CLRNC FOR OUR COMPANY WHO HAPPENED TO BE JUST IN FRONT OF US. IF THIS IS WHAT HAPPENED, THEN THE CTLR NEVER CORRECTED US ON OUR READBACK. HOWEVER COMPANY SAID THEY WERE STILL AT FL290 AND WERE NOT GIVEN CLRNC TO CROSS HAYED AT FL180. I SPOKE WITH THIS CREW PERSONALLY LATER IN THE DAY AND THEY SAID THAT THE CTLR GAVE OUR FLT, CLRNC TO FL180, AS I THOUGHT. THIS PROB CAME FROM A NUMBER OF FACTORS. BOTH COMPANY ACFT HAVE SIMILAR SOUNDING CALL SIGNS. WE WERE EXPECTING CLRNC TO CROSS THE FIX TO COME AT ANYTIME. WE CHKED ON AFTER COMPANY AND NEVER KNEW THEY WERE ON FREQ. WE WERE ALSO NOT CORRECTED IN A FAULTY READBACK, IF INDEED IT WAS IN ERROR.

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.