Narrative:

Departed oak metropolitan on the skyline 3 departure off of runway 29. Our initial clearance was to 10000 ft with a 2000 ft restr on the SID of 4 DME. On initial contact with bay departure, we were told to climb unrestr to 150000 ft. The captain confirmed the unrestr clearance to 15000 ft and read back such to the bay controller. Bay also issued us a speed restr of 250 KIAS or less, which we acknowledged. The captain acknowledged 2 heading changes prior to intercepting the 135 degree radial on the departure. On the next radio call, the controller asked if our speed was 250 KTS or less. The captain answered with our speed of 240 KIAS. As we were leveling at 15000 ft and intercepting the 135 degree radial, the controller stated 'air carrier X, you were given 10000 ft, but there's no problem.' the captain and I discussed what we had heard and believed it to be 15000 ft. We set that and confirmed that in our altitude alert window on the initial contact with bay departure as per our procedures. The controller seemed focused on our departure speed and may not have caught our readback or our climb to 15000 ft. If we heard wrong, we were not corrected, or if the controller gave us 15000 ft initially and then forgot, we don't know. Supplemental information from acn 478687: after a mild shock I repeated he gave us clearance to 15000 ft. My first officer and I are as sure as can be that we were given 15000 ft on initial contact, and I am sure that I repeated 'roger, cleared unrestr to 15000 ft.'

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Original NASA ASRS Text

Title: A B737-500 IS CITED BY DEP CTLR AS CLBING FROM 10000 FT TO 15000 FT WITHOUT AUTH, OR CLRNC N OF OAK, CA.

Narrative: DEPARTED OAK METRO ON THE SKYLINE 3 DEP OFF OF RWY 29. OUR INITIAL CLRNC WAS TO 10000 FT WITH A 2000 FT RESTR ON THE SID OF 4 DME. ON INITIAL CONTACT WITH BAY DEP, WE WERE TOLD TO CLB UNRESTR TO 150000 FT. THE CAPT CONFIRMED THE UNRESTR CLRNC TO 15000 FT AND READ BACK SUCH TO THE BAY CTLR. BAY ALSO ISSUED US A SPD RESTR OF 250 KIAS OR LESS, WHICH WE ACKNOWLEDGED. THE CAPT ACKNOWLEDGED 2 HDG CHANGES PRIOR TO INTERCEPTING THE 135 DEG RADIAL ON THE DEP. ON THE NEXT RADIO CALL, THE CTLR ASKED IF OUR SPD WAS 250 KTS OR LESS. THE CAPT ANSWERED WITH OUR SPD OF 240 KIAS. AS WE WERE LEVELING AT 15000 FT AND INTERCEPTING THE 135 DEG RADIAL, THE CTLR STATED 'ACR X, YOU WERE GIVEN 10000 FT, BUT THERE'S NO PROB.' THE CAPT AND I DISCUSSED WHAT WE HAD HEARD AND BELIEVED IT TO BE 15000 FT. WE SET THAT AND CONFIRMED THAT IN OUR ALT ALERT WINDOW ON THE INITIAL CONTACT WITH BAY DEP AS PER OUR PROCS. THE CTLR SEEMED FOCUSED ON OUR DEP SPD AND MAY NOT HAVE CAUGHT OUR READBACK OR OUR CLB TO 15000 FT. IF WE HEARD WRONG, WE WERE NOT CORRECTED, OR IF THE CTLR GAVE US 15000 FT INITIALLY AND THEN FORGOT, WE DON'T KNOW. SUPPLEMENTAL INFO FROM ACN 478687: AFTER A MILD SHOCK I REPEATED HE GAVE US CLRNC TO 15000 FT. MY FO AND I ARE AS SURE AS CAN BE THAT WE WERE GIVEN 15000 FT ON INITIAL CONTACT, AND I AM SURE THAT I REPEATED 'ROGER, CLRED UNRESTR TO 15000 FT.'

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.