NMAC ON THE LOUPE DEP FROM SJC; CA; BTWN AN ACR AND A VFR LIGHT CIVIL ACFT.

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LOUPE 9 DEP FROM SJC. ABOUT TO LEVEL OFF AT 5000 FT MSL (MY ACFT WAS ABOUT 4800 FT) TO COMPLY WITH DEP TO BE 5000 FT OR BELOW AT THE SJC 047 DEG RADIAL. ON A 120 DEG HDG; GOT A TCASII TA. TCASII SHOWED TFC AT 12 O'CLOCK POS; ABOUT 2-3 MI 100 FT BELOW; DSNDING. IMMEDIATELY GOT TCASII RA TO CLB. AT SAME TIME DEP CTL SAID WE HAD TFC; 12 O'CLOCK POS. I CLBED ACFT TO ABOUT 5700 FT MSL. CAPT ADVISED DEP CTL THAT WE HAD CLBED IN ACCORDANCE WITH TCASII RA. DEP CTL SAID THE LIGHT ACFT HAD US IN SIGHT. LIGHT ACFT PASSED EXACTLY UNDER OUR ACFT ABOUT 300 FT EXACTLY 180 DEG OPPOSITE IN DIRECTION ON HEADING 300 DEG MAGNETIC. THIS IS A HAZARDOUS SIT. THE CTLR ACTED LIKE IT WAS NOT ABNORMAL. THE DEP REQUIRES ALT OF 5000 FT OR BELOW AT THE SJC 047 DEG RADIAL. THE LIGHT ACFT SHOULD HAVE BEEN AT 4500 FT ON A 300 DEG HDG. THE CTLR DID NOT TURN THE LIGHT ACFT BUT HE MUST HAVE HAD RADIO CONTACT BECAUSE HE SAID THE LIGHT ACFT SAW US. HAD WE NOT RESPONDED TO THE TCASII WE WOULD HAVE PASSED EXTREMELY CLOSE. SUPPLEMENTAL INFO FROM ACN 481699: ON LNDG IN DENVER CALLED BAY TRACON SUPVR AT ABOUT XA45L PACIFIC TIME TO RPT INCIDENT AND TOLD THEM I WANTED TO RPT A NEAR MISS AND MAKE AN NMAC RPT. I WAS TOLD IT WOULD BE INVESTIGATED AND REPLY MADE TO ME AT ACR COMPANY X.