zkdli,
The Controller is only responsible for terrain clearance when the aircraft is being vectored.
This ties in perfectly with the new procedure. If you want to vector the flight then you will assume responsibility for the vertical profile flight - both minimum and maximum levels.
If however you leave it on the SID and clear it to a higher level then even in the current system you are required to re-specify all level restrictions including the minimum ones in order to ensure safety.
Saying - if it looks like it won't work I will do something to sort it out does not work in the ensuring safety requirement and that is why the minimum levels are specified in the first place.
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My company's SOPs are to set the Alt select to the first level off in the SID i.e. the first "at" or "at or below". As a back-p to our own actions to follow the SID vertical profile, the ever helpful FMS prompts us to reset the Alt select when it is time to climb to the next level and we would then set the next constraint or if no other SID restrictions the level provided by ATC.
Thus this procedure will not have much of an effect for us or our friends in TC who will see the first level off restriction on our mode S.
Regards,
DFC