Date: 201602
Local time of day: 1201-1800
Location: DEN.Airport, CO
Flight conditions: VMC
Light: Night
Aircraft: B737-800
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Flight phase: Climb
Airspace: Class B DEN
ATC / advisory: TRACON D01
Reporter organization: Air Carrier
Reporter function: Captain
Human factors: Communication Breakdown; Confusion; Training / Qualification
Anomaly: ATC Issue All Types; Inflight Event / Encounter Other / Unknown
Detector: Person Flight Crew
When detected: In-flight
Result: Air Traffic Control Issued New Clearance; Flight Crew Requested ATC Assistance / Clarification
Contributing factors: Human Factors
Primary problem: Human Factors

Narrative: The 'new' Denver departure procedure bit me the other night. We were departing with the ACARS clearance that read XYZ Departure except maintain 10;000 feet. Tower cleared us for takeoff with the instructions 'cleared for takeoff Runway 8 ABC; fix XYZ Departure' we rolled. We checked- in with Departure per the memo Company XXX with you XYZ depart to 10;000 feet.'  His response was; 'Roger; climb via the XYZ SID.'  I noted traffic on our TCAS; and given the traffic; I didn't feel comfortable with a climb above an assigned altitude (10;000 feet in this case) unless I heard our clearance limit is deleted (delete the restriction and climb via the SID) or I am cleared to climb higher (climb to 230). I simply asked him to verify that we were cleared above 10 and to 230 per the SID. He said 'climb via the SID' and nothing more in a very tense and terse tone. I asked again verify we are cleared to climb to 230; he said again climb via the SID. It went nowhere other than we were told to read the memo. Thanks for the help. I don't climb commercial airliners into traffic with the weather packet with a memo in my lap as a guiding document. I get that there is a memo and meetings have been held; but how hard is it to verify that the hold down is removed and we are cleared to climb. I do this on the ground when asked to taxi to a runway and I am unsure and the response is ' (call sign) you are cleared to cross 31C' ; we are all on the same page even if I was cleared; I wasn't sure and simply am asking to verify the clearance. Ironically we had this exact thing happen on arrival into Denver. They stopped us at 9;000 feet on the STAR for traffic. When we were released to descend he said 'delete the 9;000 foot restriction traffic is no factor descend via the STAR'.  When we are held down via an ACARs clearance; it would be nice if they used phraseology that included an altitude or a verbal verification of removal of the limitation (like when we depart ZZZ with the 2;000 foot hold down; which I have verified if I see traffic on TCAS and they never balk at the question). In the end; this guy was nothing more than a jerk; and intentionally never said 'cleared to 230' or 'delete the 10;000 foot restriction' or 'climb unrestricted via the SID.'  Anyone of those would have acknowledged that he knew we had a hold down; and that we are now cleared higher. I have seen too many times Controllers and Pilots aren't on the same page; and the radio traffic to clear it up is very simple and short in time. When we have a hold down altitude; a hold short of a runway instruction; or any other limiting clearance; making sure that it is no longer our clearance; it is both the Pilot and the Controllers job. In DEN we are being told it is not.Get ATC to realize that we operate in and out of many airports; and that when we ask to verify it is for safety not to be obtuse. We are supposed to work together not play stump the dummy.




Synopsis: A B737-800 Captain reported receiving a PDC for an RNAV SID with a restriction to maintain 10;000 feet. Upon check in with departure control his response was; 'Roger; climb via the SID.' When a clarification of the altitude assignment is requested the response is the same; 'climb via the SID.'