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