GOAJ OFFERS ANS TV FREQUENCY FOR TENDER

C O N F I D E N T I A L BAKU 001752 SIPDIS SIPDIS DEPT FOR EUR - A/S FRIED AND DAS BRYZA, DRL - A/S LOWENKRON E.O. 12958: DECL: 12/01/2016 TAGS: PREL PGOV PHUM KDEM AJ SUBJECT: GOAJ OFFERS ANS TV FREQUENCY FOR TENDER Classified By: Ambassador Anne E. Derse per 1.4 (b,d). ¶1. (SBU) On November 30, the National Television and Radio Council (NTRC) announced that it will offer ANS TV's frequency for tender. NTRC Chairman Maharammli said that ANS TV would be allowed to compete in the tender, which will be held from December 5 until January 5. ANS VP Seyfulla Mustafayev told the press that ANS will not compete in the tender and instead will file suit against the NTRC's November 24 decision not to renew ANS' license. The press also has been full of speculation that ANS' frequency will be restored if the station changes ownership. ¶2. (C) In a December 1 meeting with PAO, ANS VP Mustafayev confirmed that ANS will not participate in the tender for its frequency, and will sue the NTRC regarding its November 24 decision not to renew ANS' license. Mustafayev argued that participation in the tender would amount to a "recognition of the legitimacy" of the NTRC's November 24 decision to deny the station's application to renew its broadcast license. Mustafayev said that ANS has not received any response to the three letters it has sent to the NTRC seeking to resolve the situation, nor has it been contacted privately by anybody purporting to represent the government and offer any possible solutions to their problems. ¶3. (C) Mustafayev provided PAO with copies of all of the correspondence between the NTRC and ANS regarding ANS' alleged technical and legal violations of the law. Mustafayev claimed there are only eight alleged violations, while the NTRC claims there are 11 violations. (Note: Mustafayev did not provide details about the opening of an illegal studio in Sheki, but this additional infraction would bring the total only to nine.) Several of the violations consist of minor infractions against limits on advertising, one involves the unauthorized switching of frequencies in Jalilabad (to avoid Iranian jamming),another involves the broadcast of "erotic" material (probably an American film), one involved the broadcast of an illegal alcohol advertisement, and one reprimanded ANS for failing to cover 98 percent of Azerbaijan's territory (impossible given the unresolved conflict over Nagorno Karabakh). ¶4. (C) In a November 30 telcon, the Ambassador told FM Mammadyarov that the US expects the GOAJ to resolve ANS' situation by the December 4 OSCE Ministerial Council meeting. Mammadyarov said ANS' problems will be resolved, but not by the OSCE Ministerial. When the Ambassador noted that the US therefore would be obliged to make a very strong, public statement regarding media freedom at the OSCE Ministerial, Mammadyarov said that the US "needs to find a golden mean" on public pressure. He also said that ANS' license will be restored "if ANS follows the necessary steps." German Ambassador to Azerbaijan Stanchina separately told the Ambassador that President Aliyev had provided similar assurances during Stanchina's November 30 meeting with Aliyev. According to Stanchina, Aliyev said ANS will resume broadcasts, but not immediately. Aliyev also told Stanchina that he was struggling to balance interests and manage a coalition, as did many European governments, but without the benefit of a coalition agreement in doing so. ¶5. (C) Comment: The GOAJ's decision to put ANS' license out for tender on December 5 is an apparent contradiction to the assurances provided by FM Mammadyarov and President Aliyev that ANS will be allowed to resume broadcasts "with time." We will seek clarification of this apparent contradiction through December 2 conversations with Presidential Chief of Staff Ramiz Mehdiyev and Presidential Advisor Ali Hasanov. We also recommend that A/S Fried raise this issue with FM Mammadyarov during their December 3 meeting. DERSE