Date: 201507
Local time of day: 0601-1200
Location: PHX.Airport, AZ
Flight conditions: VMC
Weather elements / visibility: 10
Light: Daylight
Aircraft: Small Transport
Operator: Air Taxi
Operating under: Part 135
Flight plan: IFR
Flight phase: Climb
Airspace: Class B PHX
ATC / advisory: TRACON P50
Second aircraft: Small Aircraft; High Wing; 1 Eng; Fixed Gear
Reporter organization: Air Taxi
Reporter function: Captain; Pilot Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Workload; Confusion; Communication Breakdown
Anomaly: ATC Issue All Types; Conflict NMAC; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Flight Crew
When detected: In-flight
Result: Air Traffic Control Issued Advisory / Alert; Flight Crew Took Evasive Action
Contributing factors: Human Factors; Procedure; Airspace Structure
Primary problem: Procedure

Narrative: Cleared for takeoff from 7R; after tower said turn right to heading 130 change to 126.8 freq.; I checked in on 126.8 ; 'Aircraft X; 2;500 climbing to 4;500 with a final of 6;500.' Departure 'radar contact climb and maintain 5;500.' I read back 5;500. A minute later call traffic 1 o'clock; less than a mile; I looked up [and] saw a high winged single engine aircraft about 500 above me with a path that would cross right above me; told controller I got the traffic. Controller said clear to climb in relation to that traffic; he [was] not talking to him. Contact 123.7: I told the controller I was going to level out to avoid that traffic. I push the nose of aircraft over stop climb [and] the traffic disappeared behind my wing. He went over top of me about 300 feet. I try to contact 123.7 a total of 4 times before the controller answer back with 'Aircraft X turn no further right then 220 climb and maintain 6;000 feet.' I read-back clearance; later the Controlled asked if I was climbing thru 4;700. Roger...an aircraft came on the radio to ask if [my aircraft] was talking to 123.7 or 126.8 because Aircraft Y was awful close to him in passing. The Controller stated no traffic problem. The pilot wanted more information. I called and told the pilot to contact me on [frequency X]. He came up on frequency wanted to know if I was talking to what frequency when I went in under him; to avoid him. Told him 126.8 and changing frequency to 123.7 but was too busy avoiding him to look at the frequency change; after that I got in contact with the controller on 123.7. The Controller cleared me to right turn 220 an climb to 6;000 feet. After Aircraft Y descended the Controller called me and asked if I would explained what had happened. I called back and said do you want to say on this frequency what happened; the Controller responded; no. I told the Controller to call my Company if they have any questions.About 6 month ago PHX ATC changed operation in PHX. They added an addition frequency 126.8 after takeoff we are to change to new frequency 126.8; I would check in with TRACON climbing 2;500 for 4;500 and would like 6;500 for final altitude. The controller would radar contact climb and maintain 5;000 contact 123.7. 123.7 would say climb and maintain 6;000 and be the controlling frequency until out of PHX airspace. Question; why add an addition frequency when we used to go directly to 123.7 the problem would have been eliminated by direct to 123.7.




Synopsis: A pilot departed PHX and had a near miss with a light aircraft on a different frequency even though both were communicating with the TRACON. The addition of 126.8 in the PHX area has caused some confusion.