Narrative:

While approaching the papee intersection, hyp 240 degree radial/18 DME, flying the el nido 4 arrival to sjc, we were level at 16000 ft when ZOA advised 'traffic, a mooney at 15500 ft, 1 O'clock to 12 O'clock position.' at this time we had a TCASII TA showing 500 ft below us, but we did not have a visual contact. At approximately 2-3 NM separation, the mooney called visual contact. The controller responded 'roger, you are clear to climb, maintain visual separation.' the mooney pilot responded by stating he was not going to climb, but rather maintain 15500 ft. The controller advised us traffic 12 O'clock, 1 mi, 500 ft separation. I advised no visual contact. We were looking west into the sun. Shortly after that call, the TCASII TA became a TCASII RA, 'traffic, climb, climb, climb.' I directed the first officer (PF) to disconnect the autoplt and comply with the TCASII RA, which commanded a climb of 1500-2000 FPM up. I immediately informed center we had a TCASII alert and were climbing. Passing approximately 16400 ft, I obtained visual contact with a mooney at 12 O'clock position, less than 1 mi, slightly below us. When the TCASII announced 'clear of conflict,' we descended back to 16000 ft. We reached an altitude of 16900 ft during the mandatory evasion maneuver. I am very concerned about the controller's apparent cavalier attitude regarding this incident. I don't understand why a controller who knew an aircraft was at our 12 O'clock position, 1 mi, 500 ft vertical separation would clear that aircraft to climb in front of us. Additionally, it was clear that he had radar contact with the mooney and should have vectored us to avoid the direct flight path crossing that generated the TCASII RA. I'm thankful that the mooney pilot exercised great judgement and didn't climb.

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Original NASA ASRS Text

Title: DC10 CREW HAD TCASII RA ON THE EL NIDO 4 ARR INTO SJC IN ZOA CLASS E AIRSPACE.

Narrative: WHILE APCHING THE PAPEE INTXN, HYP 240 DEG RADIAL/18 DME, FLYING THE EL NIDO 4 ARR TO SJC, WE WERE LEVEL AT 16000 FT WHEN ZOA ADVISED 'TFC, A MOONEY AT 15500 FT, 1 O'CLOCK TO 12 O'CLOCK POS.' AT THIS TIME WE HAD A TCASII TA SHOWING 500 FT BELOW US, BUT WE DID NOT HAVE A VISUAL CONTACT. AT APPROX 2-3 NM SEPARATION, THE MOONEY CALLED VISUAL CONTACT. THE CTLR RESPONDED 'ROGER, YOU ARE CLR TO CLB, MAINTAIN VISUAL SEPARATION.' THE MOONEY PLT RESPONDED BY STATING HE WAS NOT GOING TO CLB, BUT RATHER MAINTAIN 15500 FT. THE CTLR ADVISED US TFC 12 O'CLOCK, 1 MI, 500 FT SEPARATION. I ADVISED NO VISUAL CONTACT. WE WERE LOOKING W INTO THE SUN. SHORTLY AFTER THAT CALL, THE TCASII TA BECAME A TCASII RA, 'TFC, CLB, CLB, CLB.' I DIRECTED THE FO (PF) TO DISCONNECT THE AUTOPLT AND COMPLY WITH THE TCASII RA, WHICH COMMANDED A CLB OF 1500-2000 FPM UP. I IMMEDIATELY INFORMED CTR WE HAD A TCASII ALERT AND WERE CLBING. PASSING APPROX 16400 FT, I OBTAINED VISUAL CONTACT WITH A MOONEY AT 12 O'CLOCK POS, LESS THAN 1 MI, SLIGHTLY BELOW US. WHEN THE TCASII ANNOUNCED 'CLR OF CONFLICT,' WE DSNDED BACK TO 16000 FT. WE REACHED AN ALT OF 16900 FT DURING THE MANDATORY EVASION MANEUVER. I AM VERY CONCERNED ABOUT THE CTLR'S APPARENT CAVALIER ATTITUDE REGARDING THIS INCIDENT. I DON'T UNDERSTAND WHY A CTLR WHO KNEW AN ACFT WAS AT OUR 12 O'CLOCK POS, 1 MI, 500 FT VERT SEPARATION WOULD CLR THAT ACFT TO CLB IN FRONT OF US. ADDITIONALLY, IT WAS CLR THAT HE HAD RADAR CONTACT WITH THE MOONEY AND SHOULD HAVE VECTORED US TO AVOID THE DIRECT FLT PATH XING THAT GENERATED THE TCASII RA. I'M THANKFUL THAT THE MOONEY PLT EXERCISED GREAT JUDGEMENT AND DIDN'T CLB.

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.