ALTDEV AS A RESULT OF A FLC THAT REFUSES CLRNC.

Narrative

THE B-747-400 HAS THE CAPABILITY OF COMMUNICATING WITH OAKLAND VIA SATELLITE COM. THIS INTL FLT WAS INITIALLY CLRED TO A CRUISE ALT OF FL290. LATER; AT AA26Z WE REQUESTED A BLOCK ALT OF FL290-FL330. THE REQUEST WAS APPROVED BY ZOA; AN INITIAL CRUISE CLB TO FL310 WAS INITIATED. WE STAYED AT THAT ALT FOR SOME TIME. APPROX 3 HRS LATER WE INITIATED A CLB TO FL330. AT 145W; TIME BB22Z; A POS RPT WAS SENT; OUR ALT WAS FL330. AT BB23Z WE RECEIVED AN ACCEPTANCE OF OUR POS RPT. 4 MINS LATER AT BB27Z WE RECEIVED THE FOLLOWING MESSAGE FROM OAK VIA SATELLITE COM: OAK3 ATC CLRS ACR X MAINTAIN FL330. SAY TIME ABLE FL350. WE FELT THIS CLRNC; TO MAINTAIN FL330; ODD BECAUSE WE HAD RPTED AT FL330 IN AN EARLIER POS RPT. AT BB27Z THE MESSAGE WAS ACCEPTED AND AT BB29Z WE SENT ANOTHER CONFIRMATION THAT WE WERE LEVEL AT FL330. 3 MINS LATER AT BB32 WE SENT A MESSAGE STATING THAT WE COULD BE LEVEL AT FL350 BY APPROX 160W. 16 MINS LATER AT BB48Z WE RECEIVED THE FOLLOWING SATELLITE COM MESSAGE FROM ZOA: OAKS ATC CLRS ACR X DSND TO AND MAINTAIN FL310 RPT REACHING. DSCNT NECESSARY DUE TO OPPOSITE DIRECTION COMPANY TFC. WHEN THIS MESSAGE; VIA THE SATELLITE; APPEARED ON THE ACARS SCREEN THE ACARS PROVIDED 2 PROMPTS 'ACCEPT' OR 'REJECT.' THE WAY IT IS PRESENTED TO THE PLT MAKES IT SEEM THAT YOU DO HAVE AN OPTION. THE LOWER ALT WAS UNFAVORABLE BECAUSE OF WINDS AND BECAUSE OF THE FACT THAT WE WERE DOWN ON OUR FUEL SCORE I; AS THE CAPT FELT THAT I NEEDED TO REJECT THE CLRNC. WHEN YOU REJECT A CLRNC ON THE ACARS; A LIST OF REASONS PRESENT THEMSELVES ON THE ACARS SCREEN; EG; UNABLE; UNABLE DUE TO WX; ETC. I SELECTED THE UNABLE PROMPT. A FEW MINS LATER WE WERE SELCALED AND A CONVERSATION TOOK PLACE BTWN ME AND HNL. THEY WANTED TO KNOW WHY WE DIDN'T WANT TO DSND. I TOLD THEM; BECAUSE OF FUEL BURN CONCERNS; AND I REINFORCED THE FACT THAT THEY HAD JUST CLRED US TO FL330 AND THEY RELAYED THIS TO ZOA. IN THE MEANTIME; WE STARTED TO REEVALUATE THE HIGHER ALT. THE FMC PROVIDED AND OPTIMUM ALT OF FL337. THIS ALT BEING JUST 1300 FT BELOW FL350 AND THE WINDS LOOKING BETTER THAN FORECAST; I THEN FELT THAT FL350 WOULD BE ACCEPTABLE. WHEN HNL CAME BACK TO US I ADVISED HIM OF SUCH AND WE WERE THEN CLRED VIA VOICE COM TO CLB TO AND MAINTAIN FL350. WITH THAT; WE STARTED A 1000 FPM CLB TO FL340 AND THEN CLBED THE LAST 1000 FT AT 500 FPM. WE WERE LEVEL AT FL350 AT SOME TIME PRIOR TO CC05Z. THIS WAS LATER CONFIRMED BY THE RELIEF FO WHO REMEMBERS BEING BRIEFED AT THAT ALT; BY ME; JUST PRIOR TO THE FO RELIEVING THE CAPT AT CC05Z. LATER; AT CC49Z; WE RECEIVED THE FOLLOWING MESSAGE: OAK SUPVR ATC ADVISES ACR X POSSIBLE PLTDEV ADVISE CONTACT ZOA (PHONE NUMBER). LATER; AT CC58Z; WE RECEIVED THE FOLLOWING MESSAGE: OAK SUPVR ATC ADVISES ACR X CONTACT ZOA AT ARRIVE STATION. AFTER OUR ARR AT AKL I IMMEDIATELY CALLED OAK ATC WHERE I DISCUSSED THE SIT WITH AN ATC SUPVR. I TOLD HIM THAT I DID NOT UNDERSTAND AT THE TIME WHY THE JUGGLING OF ALTS; ESPECIALLY WHEN THEY HAD JUST CLRED US TO FL330. I ALSO TOLD HIM THAT I FELT THAT I HAD THE AUTH TO REJECT THE CLRNC BECAUSE OF MY CONCERNS OF FUEL SCORE BEING DOWN AND SINCE I WAS GIVEN THE OPTION VIA THE ACARS. HE INQUIRED AS TO WHAT RATE OF CLB DID WE USE WHEN CLBING TO FL350. I TOLD HIM AND HE CALCULATED THAT WE HAD REACHED FL350 BY CC10Z. HE EXPLAINED TO ME THAT THE CRITERIA THEY NEEDED WAS FOR MY FLT TO REACH FL350 BY CC12Z. I TOLD HIM THAT I FELT FOR SURE THAT WE HAD. HE SAID THAT HE WOULD BE SENDING THE RPT UP TO QUALITY ASSURANCE. IT WAS LATER; DURING A DEBRIEFING WITH MY CREW; THAT ONE OF THE FO'S POINTED OUT THAT WE WERE LEVEL BY CC05Z AND THAT ZOA NEVER GAVE US A TIME TO BE LEVEL AT FL350. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT HE BELIEVED THE ACARS MACHINE (DATA LINK) GAVE A CLRNC WHICH COULD BE ACCEPTED OR REJECTED BECAUSE THAT IS WHAT THE OPTIONS WERE ON THE SELECTION MENU OF THE ACR'S RECEIVER. THE CAPT REJECTED THE CLRNC TO DSND AS REQUESTED FROM THE ACARS MESSAGE BECAUSE IT DID NOT FIT INTO HIS FUELCONSUMPTION PLANNING. HE FELT THAT THE 3 PEOPLE INVOLVED (HIMSELF; THE OPPOSITE DIRECTION TFC; AND THE ATC CTLR) COULD WORK OUT A PLAN THAT WOULD BE ACCEPTABLE TO ALL INVOLVED. HOW HE WAS GOING TO DO THIS HE COULD NOT EXPLAIN. HE WAS COUNSELED THAT IF HE EVER GETS A CLRNC TO DSND; HE MUST FOLLOW THAT CLRNC. RPTR WANTED TO NEGOTIATE A BETTER SOLUTION TO HIS PROBS AT HIS CONVENIENCE. HE NEVER TRIED TO EXPLAIN HIS PROB TO THE ARTCC. HIS CLRNC DID NOT HELP HIS ABILITY TO CONSERVE FUEL THAT'S WHY HE TURNED IT DOWN. ANALYST KNOWS HE DID NOT HAVE A FUEL PROB; HE JUST THOUGHT HE DID. THERE ARE TECHNIQUES HE SHOULD BETTER UNDERSTAND TO CONSERVE FUEL. ONCE FLC KNEW AT WHAT ALTS THEY SHOULD BE AT; AND WHEN; THEY DID ALL THEY COULD TO COMPLY. THEY APPARENTLY MADE IT. HAD THE CLRED ALT BEEN GIVEN; 'CLRED TO DSND FL310 BY XX05Z;' ANALYST BELIEVES CLRNC WOULD HAVE BEEN OBEYED.