Narrative:

B767, air carrier X, FL370 sebound. Aircraft Y departed sju, jaws departure. Was issued FL350, passing traffic. I received a readback. However, after listening to recording, the frequency was almost unreadable and one could not understand anything after the altitude was issued. Aircraft Y continued climbing to FL390, even after issued an immediate right turn and descent. Frequency was terrible and pilots were having a difficult time understanding. We thought they were just not paying attention. The recording revealed the unsafe condition of the frequency. The air carrier X was issued an immediate turn and complied and also descended approximately 400 ft. This happened because the pilot continued climbing, ignoring an acknowledged instruction. I was busy, the non radar trainer pointed out the conflict (no alert ever activated). Frequency interference (frequency itself having terrible static (135.7) which is not noticeable to controller (transmitter?), congestion, lots of traffic, pilots not being considerate, pilots on wrong frequency. Inbound/outbound rush with sectors 4 and 6 combined.

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Original NASA ASRS Text

Title: ZSU CTLR UNABLE TO ESTABLISH VERT SEPARATION BTWN B767 AND CPR LJ, COMPLICATED BY FREQ PROBS.

Narrative: B767, ACR X, FL370 SEBOUND. ACFT Y DEPARTED SJU, JAWS DEP. WAS ISSUED FL350, PASSING TFC. I RECEIVED A READBACK. HOWEVER, AFTER LISTENING TO RECORDING, THE FREQ WAS ALMOST UNREADABLE AND ONE COULD NOT UNDERSTAND ANYTHING AFTER THE ALT WAS ISSUED. ACFT Y CONTINUED CLBING TO FL390, EVEN AFTER ISSUED AN IMMEDIATE R TURN AND DSCNT. FREQ WAS TERRIBLE AND PLTS WERE HAVING A DIFFICULT TIME UNDERSTANDING. WE THOUGHT THEY WERE JUST NOT PAYING ATTN. THE RECORDING REVEALED THE UNSAFE CONDITION OF THE FREQ. THE ACR X WAS ISSUED AN IMMEDIATE TURN AND COMPLIED AND ALSO DSNDED APPROX 400 FT. THIS HAPPENED BECAUSE THE PLT CONTINUED CLBING, IGNORING AN ACKNOWLEDGED INSTRUCTION. I WAS BUSY, THE NON RADAR TRAINER POINTED OUT THE CONFLICT (NO ALERT EVER ACTIVATED). FREQ INTERFERENCE (FREQ ITSELF HAVING TERRIBLE STATIC (135.7) WHICH IS NOT NOTICEABLE TO CTLR (XMITTER?), CONGESTION, LOTS OF TFC, PLTS NOT BEING CONSIDERATE, PLTS ON WRONG FREQ. INBOUND/OUTBOUND RUSH WITH SECTORS 4 AND 6 COMBINED.

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.