Narrative:

Operating as air carrier flight abc myr-cle. ZJX cleared us to FL290 in climb from myr. I first noticed conflicting traffic on TCASII when he was at 15 NM at 10 O'clock position. He appeared level at FL290, and was closing with us. At approximately 5 NM we sighted him visually. As we climbed through FL285, ATC called us to confirm we were level at FL280. PNF replied we had been cleared to FL290 and that we had the traffic visually. The traffic passed approximately 3 NM behind us and 500 ft above. Upon review of the situation with the captain, we both agreed that we had been cleared to FL290, that I had selected FL290 in altitude preselect box, and that he had confirmed it. A different ATC voice then advised us to contact ZTL. We did receive a TA on the traffic, but not an RA. I feel that even if the ATC controller believed that we were climbing to FL280, he should have advised both aircraft of the other's presence. This would certainly have avoided the loss of separation. Additionally, I feel that ATC should have notified us as soon as possible once controller error was discovered in order to better allow us to concentrate on our duties rather than wonder whether we had been at fault.

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Original NASA ASRS Text

Title: E145 CREW HAD LESS THAN LEGAL SEPARATION IN ZJX CLASS A AIRSPACE.

Narrative: OPERATING AS ACR FLT ABC MYR-CLE. ZJX CLRED US TO FL290 IN CLB FROM MYR. I FIRST NOTICED CONFLICTING TFC ON TCASII WHEN HE WAS AT 15 NM AT 10 O'CLOCK POS. HE APPEARED LEVEL AT FL290, AND WAS CLOSING WITH US. AT APPROX 5 NM WE SIGHTED HIM VISUALLY. AS WE CLBED THROUGH FL285, ATC CALLED US TO CONFIRM WE WERE LEVEL AT FL280. PNF REPLIED WE HAD BEEN CLRED TO FL290 AND THAT WE HAD THE TFC VISUALLY. THE TFC PASSED APPROX 3 NM BEHIND US AND 500 FT ABOVE. UPON REVIEW OF THE SIT WITH THE CAPT, WE BOTH AGREED THAT WE HAD BEEN CLRED TO FL290, THAT I HAD SELECTED FL290 IN ALT PRESELECT BOX, AND THAT HE HAD CONFIRMED IT. A DIFFERENT ATC VOICE THEN ADVISED US TO CONTACT ZTL. WE DID RECEIVE A TA ON THE TFC, BUT NOT AN RA. I FEEL THAT EVEN IF THE ATC CTLR BELIEVED THAT WE WERE CLBING TO FL280, HE SHOULD HAVE ADVISED BOTH ACFT OF THE OTHER'S PRESENCE. THIS WOULD CERTAINLY HAVE AVOIDED THE LOSS OF SEPARATION. ADDITIONALLY, I FEEL THAT ATC SHOULD HAVE NOTIFIED US ASAP ONCE CTLR ERROR WAS DISCOVERED IN ORDER TO BETTER ALLOW US TO CONCENTRATE ON OUR DUTIES RATHER THAN WONDER WHETHER WE HAD BEEN AT FAULT.

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.