I think you've misread your own quote Philip.
What your quote said...
Quote:
The report says the pilot failed to climb "apparently due to uncertainty with proximity traffic" in uncontrolled airspace.
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It says the Lear was already in uncontrolled airspace.
And what you said...
Quote:
If the Learjet did not climb into uncontrolled airspace, it follows that it remained in controlled airspace
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You've suggested that the Lear was already in controlled airspace, which according to your own quote is incorrect.
Does that change your perspective at all?