Date: 201504
Local time of day: 1801-2400
Location: NCT.TRACON, CA
Light: Dusk
Aircraft: Medium Large Transport
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Initial Climb
Airspace: Class C SJC
ATC / advisory: TRACON NCT
Reporter organization: Government
Reporter function: Departure
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Communication Breakdown; Confusion; Training / Qualification; Situational Awareness; Distraction
Anomaly: Airspace Violation All Types; Conflict Airborne Conflict; Deviation - Altitude Excursion From Assigned Altitude; Deviation / Discrepancy - Procedural Clearance; Inflight Event / Encounter CFTT / CFIT
Detector: Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Issued New Clearance; Air Traffic Control Provided Assistance; Flight Crew Returned To Clearance
Contributing factors: Aircraft; Equipment / Tooling
Primary problem: Equipment / Tooling

Narrative: I was training on the TOGA sector. Aircraft X departed and immediately checked on with a RA alert for a helicopter the Tower had called traffic on. Because of the RA he said he could not climb. After the traffic was about 3 miles behind him I told Final Assist (FA) to ask him if he could accept a climb now. He said negative that he was still getting the RA and refused to climb. A few more miles went by and I told FA to give him a low altitude alert and the MVA. A mile later he still would not climb so I keyed up instead of the trainee and told Aircraft X that he needed to climb because of the MVA and instructed him to fly present heading and gave instruction to climb to FL050 no delay and issued traffic I observed to him. At the time the traffic was about 1 o'clock and 4 miles. They were converging at a rapid pace and with the him just beginning a climb I knew he was over the freeway so I turned him North heading 360 a vector for him climb which was below the MVA. It was a matter of safety and after pulling up the Emergency Obstruction Video Map (EOVM) and the GEOG map to see the freeways the risk of collision was greater than the terrain. He turned North and continued the climb to FL050. He then said that he wanted to return to SJC because his equipment had malfunctioned. He later told the LICKE controller that his proximity alert was stuck on so it was like the traffic was directly over the aircraft and that he was refusing to climb. It wasn't until later when I insisted that he climb because of terrain and traffic that he finally began a climb. Because it was an equipment malfunction with the aircraft and not procedures there are no recommendations that I have for this event. The only thing that might have been helpful would have been if the Tower would have held on to the aircraft until the traffic was not a factor and ensured separation before shipping the aircraft. As it was he checked in with the RA so there was nothing we could do at this point. Additionally the LICKE sector was very busy so our options were limited with what we could do with the Aircraft.




Synopsis: NCT Controller describes an aircraft departing receives a RA immediately on initial contact. The controller then tells the aircraft to climb; the pilot refuses. Miles later the aircraft is not climbing and due to the MVA the controller issues the altitude again to climb. The pilot realizes there is an equipment problem  with the TCAS and returns to the airport.