ACR MLG CLIMBED THROUGH ALT OF CPR MLG WITH FAULTY TRANSPONDER; RESULTING IN LESS THAN STANDARD SEPARATION.

Narrative

MLG X WAS DEPARTING ABE ENRTE TO PIT AND CAME WITHIN 2.218 NM AND 400' OF MLG Y ENRTE FROM LHY TO ARD; DEST BLM. THE PROB WAS DISCOVERED BY THE NY CTR COMPUTER AND RPTED BY A NY CTR FLOOR MGR. ACTION TAKEN; MLG Y WAS INSTRUCTED TO MAINTAIN 10000' MSL AND MLG X WAS INSTRUCTED TO MAINTAIN 9000' MSL. NO EVASIVE ACTION WAS REQUIRED. FACTORS CONTRIBUTING TO THE INCIDENT WERE THE PERFORMANCE OF MLG Y'S TRANSPONDER AND THE PERFORMANCE OF ABE'S ASRS SECONDARY AND PRIMARY RADAR; RATHER THE LACK OF PERFORMANCE. I BELIEVE THE INCIDENT OCCURRED DUE TO THE FACT THAT MLG Y'S PRIMARY TARGET WAS NON EXISTENT; PERHAPS DUE TO HIS PROX AND SPD TO THE ANTENNA; AND THAT HIS TAG ACQUIRED ON ANOTHER UNKNOWN BEACON CONTROL SLASH SEPARATED FROM THAT OF MLG X'S POS. IT TOOK A LONG TIME TO TAKE THE HANDOFF; FROM NY CTR SECTOR 91 BECAUSE MLG Y'S TAG WAS EITHER IN TARGET UPDATE STATUS OR FLASHING AMBIGUITY. WHEN THE TAG DID ACQUIRE THE HANDOFF WAS ACCOMPLISHED. FIVE MI LATER THE TAG OF MLG Y DROPPED INTO NON BEACON STATUS. AT THIS TIME IT WAS RECOGNIZED THAT MLG X NEEDED HIGHER THAN 8000' MSL (ABE VERTICAL AIRSPACE LIMIT) DUE TO SMT Z; TFC 11 TO 12 O'CLOCK FOR 11 NM NWBOUND AT 8000' ON V164. CONTROL FOR HIGHER TO 11000' MSL WAS OBTAINED FROM ZNY 92. MLG Y ACQUIRED THE ARTS II TAG; ON A BEACON TARGET 4 NM SW OF MLG X'S PROJECTED FLT PATH FOR AT LEAST TWO SWEEPS. I OBSERVED THIS AND CLBED MLG X TO 11000'. MLG Y WAS INSTRUCTED TO PROCEED DIRECT ARD AND MAINTAIN 9000'. (I'D LIKE TO NOTE THAT AT THIS POINT THE TAPES WERE BEING CHANGED AND NO FURTHER CONVERSATION WITH MLG X AND MLG Y WAS RECORDED. THE NEXT XMISSION BY ME WAS TO MLG Y SEVERAL MINUTES LATER; AFTER THE INCIDENT OCCURRED.) I THEN OBSERVED THAT MLG Y'S TAG 4 NM SW OF BEACON CONTROL SLASH IN MLG X'S 1 TO 2 O'CLOCK POS FOR 3 NM. I BELIEVED THAT MIGHT BE MLG Y AND INSTRUCTED HIM TO MAINTAIN 10000'. HE ACKNOWLEDGED. MLG X WAS INSTRUCTED TO MAINTAIN 9000 AND I DID NOT RECEIVE ACKNOWLEDGEMENT AS THERE WERE SEVEN ACFT ON FREQ. I BELIEVE I WAS STEPPED ON AND MLG X WAS ALSO STEPPED ON IF HE DID REPLY; AS THERE WERE SEVERAL CALLS AT ONCE. MLG X'S ARTS TAG SUPERIMPOSED WITH THAT OF AN ENRTE SMA AT 50 TO AVP. WHEN THE TAGS WERE MOVED MLG X INDICATED 8800 OR SO AND I OBSERVED HIS CLB THROUGH 9300. I QUERIED HIM ABOUT 9000 AND I RECEIVED A NEGATIVE RESPONSE. MLG Y REACQUIRED 5 OR 6 NM LATER AND WAS HANDED OFF TO THE NEXT CTLR; ABE DS RADAR. THE TAG DROPPED AGAIN SEVERAL TIMES AND DID NOT RETAG UNTIL THE DS CTLR ASKED HIM TO TRY ANOTHER TRANSPONDER. MLG X WAS TRANSFERRED TO ZNY 92; 135.75.