ACR HVT CLEARED TO CLIMB THROUGH OCCUPIED ALT. OPERATIONAL DEVIATION.

Narrative

CLRED BY CLRNC DELIVERY VIA SFO 3 SID FOR VECTORS TO LINDEN VOR; THEN FPR. MAINTAIN FL230. F/O COPIED CLRNC; I HEARD IT; AND HEARD HIM READ IT BACK ALSO. ON TAXI OUT; BRIEFED CREW ON DEP ROUTING AND ALT AND SPD RESTRICTION ABOVE 10000'. AFTER DEP TWR HANDED US OFF TO DEP CTL. F/O CALLED DEP AND ADVISED THEM WE WERE CLBING TO FL230. THEY ADVISED US THAT AT 8 DME WE WERE CLRED DIRECT TO LINDEN VOR. AT 8 DME I COMMENCED A RIGHT TURN TO PROCEED DIRECT TO LINDEN. A FEW MINS LATER ATC CALLED OUT TFC AT 9 OR 10 O'CLOCK AT 11000' MSL. I'VE FORGOTTEN THE DISTANCE OF THE TFC; BUT IT WAS SOMETHING LIKE 2 OR 3 MI; SEBND. SINCE WE WERE IN VMC; I IMMEDIATELY SPOTTED THE TFC. AT THIS POINT WE WERE OUT OF 9500' MSL; AND I REALIZED THERE WAS A CONFLICT THAT ATC WASN'T AWARE OF. I HAD THE F/O CALL ATC AND ASK THEM IF HE WANTED US TO LEVEL OFF AT 10000'. HE SAID WE'D ONLY BEEN CLRED TO 10000'. WE ADVISED HIM THAT WE'D LEVEL OFF AT 10000'; BUT THAT WE'D BEEN CLRED TO FL230. HE RESPONDED THAT DEP CTL SHOULD HAVE ONLY CLRED US TO 10000'. F/O; S/O AND I DISCUSSED THIS OCCURRENCE FOR SEVERAL MINS; AND WE ALL CAME TO THE SAME CONCLUSION: WE HAD NEVER BEEN GIVEN A RESTRICTION ON OUR ORIGINAL CLRNC TO FL230 AND NEVER ACKNOWLEDGED OR READ BACK ANY SUCH CLRNC. IT GOES W/O SAYING; THERE WAS A BREAKDOWN IN COMS SOMEWHERE. ARRS FROM THE NW ARE TALKING TO CENTER OR BAY APCH. DEPS (FOR EBND FLTS; WHICH WOULD NORMALLY DEPART RWY 1R AND POSE NO THREAT) WERE USING RWY 28R BECAUSE OF RWY 1R RWY CLOSURE; AND WERE TALKING TO BAY DEP; OR CENTER ON DIFFERENT FREQS; AND XING ARR PATHS AT HIGHER THAN NORMAL ALTS. SOMEWHERE THE SYS BROKE DOWN.