ACR MLG CLBS ABOVE ASSIGNED ALT AND CREATES A POTENTIAL CONFLICT WITH OTHER ACFT. PIC WAS UNABLE TO VERIFY THE GIVEN ALT ACCOUNT TOO MUCH TFC AND CTLR'S CONSTANT STREAM OF CLRNCS.

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TKOF FROM EWR; EWR-FLL; ON RWY 22R IN VFR CONDITIONS. I; AS THE FO; WAS THE PF. WHILE PERFORMING THE NEWARD 6 DEP; IN A R TURN TO 220 DEGS; ABOUT 1000 FT MSL; DEP CTL GAVE US A VECTOR AND ALT CHANGE. I UNDERSTOOD THE VECTOR; BUT MISSED THE ALT ASSIGNMENT. THE CAPT TURNED THE ALT ARMING KNOB ON THE FMS TO 7000 FT; BUT DID NOT ARM IT; AND LEFT HIS HAND ON THE KNOB. I WAS MANUALLY FLYING; AND ASKED HIM IF WE WERE CLRED TO 7000 FT. WHEN HE DIDN'T ANSWER I LOOKED AT HIM AND SAW HE WAS HOLDING THE MICROPHONE TO HIS LIPS; ABOUT TO ASK DEP CTL TO CLARIFY; BUT THE FREQ WAS EXTREMELY CONGESTED. I SLOWED THE RATE OF CLB; ENGAGED THE AUTOPLT; AND THEN POINTED TO THE ALT ARMING WINDOW. THE CAPT STILL GAVE NO RESPONSE TO ME; BUT CONTINUED WAITING FOR A BREAK IN THE RADIO CHATTER. GOING THROUGH 5000 FT I NOTICED TFC ON THE TCASII AT 12 O'CLOCK AND BEGAN SCANNING OUTSIDE AGAIN. AT ABOUT 5750 FT WE RECEIVED AN RA TO 'DSND' AT ABOUT 2000 FPM. WHILE COMPLYING WITH IT; DEP CTL ASKED FOR OUR PRESENT ALT. THE CAPT RESPONDED WITH OUR PRESENT ALT; AND THE FACT WE WERE RESPONDING TO AN RA. ABOUT NOW; I SAW THE TFC AT ABOUT 2 O'CLOCK; AND IT PASSED OFF OUR R SIDE. WE WERE NOW AT 5000 FT MSL. DEP CTL SAID WE WERE NOT CLRED 'THAT HIGH' (ABOVE 5000 FT); AND THE RA WAS DUE TO OUR NON COMPLIANCE. HE SHORTLY CLRED US TO A HIGHER ALT. I BELIEVE THIS PROB WAS PREVENTABLE: 1) I COULD HAVE LEVELED OFF AT THE LAST KNOWN ALT ASSIGNMENT (5000 FT) RATHER THAN CONTINUING TO CLB. 2) THE CAPT COULD HAVE LEFT THE ALT ARMING KNOB ALONE UNTIL BEING SURE OF THE NEXT CLRED ALT. 3) I'M NOT SURE WHAT HAPPENED WITH THE ALT READBACK; BUT EITHER THE CTLR DID NOT WAIT FOR A READBACK; OR WHEN IT WAS READ BACK HE DID NOT HEAR IT READ BACK INCORRECTLY. (I THINK IT WAS THE FORMER.) EXTREME RADIO CONGESTION AND CTLR WORKLOAD MAY NEED TO BE REDUCED WITH MORE DEP SECTORS AND CTLRS.