Airbus 318/319/320/321 Undifferentiated
Flight Crew Air Transport Pilot (ATP)
Communication Breakdown; Confusion; Distraction; Situational Awareness
ATC Issue All Types; Deviation / Discrepancy - Procedural Clearance
Flight Crew Requested ATC Assistance / Clarification
Procedure
Aircraft X was filed KIAH [LCH2 departure]. Our PDC clearance had a route change to: KIAH MMUGS1 [departure] climb via the SID - top altitude 4;000 feet. The MMUGS1 has two low level altitude constraints. TTAPS at or below 4;000 feet and BOTLL at or below 5;000 feet. I was leveling to honor the - 4;000 ft. altitude constraint at TTAPS when we were told to contact departure on 133.60. The controller asked what we were doing leveling as he had another airplane behind us and to climb and maintain 16;000 feet. I asked the FO to ask if that was an unrestricted climb as I was still looking at the 5;000 ft. altitude constraint at BOTLL. The controller said climb and maintain is climb and maintain. I keyed the microphone and said we were leveling to honor the 4;000 ft. altitude constraint on the SID and we were looking for 'unrestricted climb' as we had additional altitude constraints on the SID. He began to laugh and said 'We don't do that in Houston'. He and I had a few more words on the radio and he said I could call his supervisor. I copied the number and told them I would be in contact. I arrived into MSY [and called the TRACON]. He told me Houston center does not use the 'Climb unrestricted' wording as it is a problem for them. They decided not to use the wording. I told him that in all others places we fly we hear and are expecting that phrase as it is the ICAO standard in other areas. In LA and LAS if we don't hear that phrase and we climb without honoring the altitude restrictions we are likely to be violated. He said they don't use ICAO and they wouldn't violate us in Houston. I told him I did not have a luxury of tribal knowledge to know who will and will not violate me based on their local use of clearance language. We had a rather heated conversation and his position seemed to be I wasn't able to 'understand' their clearance norms. He suggested I contact [name and number removed; he] may be able to help me understand. I did not contact this person. I told [the Front Line Manager (FLM)] I was going to turn this over to the safety department at [Company] for some clarification because obviously I am confused. However; I did tell him that I am shoving 160;000 pounds of metal and close to 200 people through the air and when I ask for a clarification of a clearance I don't expect (or appreciate) the controller to start laughing like I am some kind of dumb bunny and then tell me 'We don't do that in Houston.' So; I need some guidance here. The last memos I saw indicated that when flying a SID with altitude constraints that we were expected to comply with those altitude constraints unless we were given a 'Climb unrestricted to FLXXX' clearance from the controller. If there has been other data/memos published that change this expected language then I have missed them. So the question is: If climbing on a SID with altitude constraints and given a clearance from the controller to 'Climb and maintain FLXXX' am I expected to honor the altitude constraints OR am I expected to climb unrestricted to the assigned altitude even though the words 'Climb unrestricted' are not used? Is 'Climb unrestricted' assumed?I was also taken back by the phrase; 'We don't do that in Houston.' I am now curious as to whether each ATC facility can amend or alter ATC norms to suit themselves. It was an extremely frustrating exchange with both the controller and the supervisor. I may be wrong in what I think I should be hearing. If I am then I need clarification. Pilot/Controller use of non-standard phrases are a continuing problem. I don't want to risk my aircraft; my passengers or my career because I don't understand the clearance I am given. Standard phrases. When a pilot ask for clarification of a clearance; give it to them. Don't act as though they are stupid by starting to laugh on the radio. It is unprofessional and unwarranted.
Pilot reports of being questioned by Controller as to why they aren't climbing. Pilot responds they were climbing via and leveling to make restrictions on the departure. Controller advises pilot to climb. Debate ensues between pilot; Controller and Front Line Manager (FLM). Pilot is not sure of what to do when climbing out.