Identifier
Created
Classification
Origin
09BAKU3
2009-01-05 12:34:00
CONFIDENTIAL
Embassy Baku
Cable title:  

CLOSURE OF FOREIGN RADIO BROADCASTS: STATIC ON FM

Tags:  PREL PGOV KDEM KHUM AJ 
pdf how-to read a cable
VZCZCXRO9769
OO RUEHAG RUEHROV RUEHSR
DE RUEHKB #0003/01 0051234
ZNY CCCCC ZZH
O 051234Z JAN 09
FM AMEMBASSY BAKU
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0564
INFO RUCNCIS/CIS COLLECTIVE PRIORITY
RUCNMEM/EU MEMBER STATES PRIORITY
RUEHAK/AMEMBASSY ANKARA PRIORITY 3185
RHMFISS/CDR USEUCOM VAIHINGEN GE PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY
RUEKDIA/DIA WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEHBS/USEU BRUSSELS PRIORITY
RUEHVEN/USMISSION USOSCE PRIORITY 1225
C O N F I D E N T I A L SECTION 01 OF 03 BAKU 000003 

SIPDIS

DEPT FOR EUR/CARC AND DRL

E.O. 12958: DECL: 01/05/2019
TAGS: PREL PGOV KDEM KHUM AJ
SUBJECT: CLOSURE OF FOREIGN RADIO BROADCASTS: STATIC ON FM
101.7

REF: A. 08 BAKU 1062

B. 08 BAKU 1153

C. 08 BAKU 1157

D. 08 BAKU 1076

E. 08 BAKU 1136

Classified By: Charge d'Affaires Donald Lu, Reasons 1.4 (b and d).

C O N F I D E N T I A L SECTION 01 OF 03 BAKU 000003

SIPDIS

DEPT FOR EUR/CARC AND DRL

E.O. 12958: DECL: 01/05/2019
TAGS: PREL PGOV KDEM KHUM AJ
SUBJECT: CLOSURE OF FOREIGN RADIO BROADCASTS: STATIC ON FM
101.7

REF: A. 08 BAKU 1062

B. 08 BAKU 1153

C. 08 BAKU 1157

D. 08 BAKU 1076

E. 08 BAKU 1136

Classified By: Charge d'Affaires Donald Lu, Reasons 1.4 (b and d).


1. (C) SUMMARY: On December 30 2008, the Azerbaijan National
Television and Radio Council (NTRC) announced that as of
January 1 it revoked the broadcast licenses for operations on
FM frequencies of the Voice of America, Radio Liberty (Radio
Azadliq),and of the BBC. The decision came as a surprise
since the NTRC Chairman and other senior officials have
suggested that these broadcasters might stay on the air
during negotiations about their longer-term status. The
GOAJ publicly justifies its decision based on its law on
television and radio broadcasting and insists that politics
played no part. Based on comments by President Aliyev,
however, the primary reason for the decision is the
government's vehement dislike of Radio Azadliq's reporting.
This decision was made at the highest level of the GOAJ and
was likely the subject of some controversy among senior
leaders. END SUMMARY.

Legal Justification
--------------


2. (C) The ostensible rationale for the December 30
announcement of the foreign broadcast shutdown is that,
according to the NTRC's reading of the 2002 law on television
and radio broadcasting, it is illegal for foreign
broadcasters to operate on the FM spectrum. The government
insists that this restriction reflects "international
standards." It has used this law to ban Russian and Iranian
broadcasters in recent years. In fact, the GOAJ's reliance
on its law on broadcasting is based on a broad interpretation
of its terms. The law, in fact, explicitly permits foreign
broadcasts with government permission. It only forbids the
formation of domestic radio and TV channels using foreign
funding or ownership.


3. (C) Alternatively, the law could require an
intergovernmental agreement to permit foreign broadcast. The
GOAJ required such an agreement from the Turkish government
in order to continue broadcasts of Turkish TV in Azerbaijan.
The United States began laying the groundwork for good-faith

negotiations in November 2008, when a delegation from Radio
Liberty and the Broadcast Board of Governors (BBG) visited
Baku. At that time the USG was led to believe by the GOAJ
that there was room for negotiation and a resolution of the
issue that left the stations broadcasting could be found
(reftel B). President Aliyev, his chief of staff Ramiz
Mehdiyev, presidential foreign policy advisor Novruz
Mammadov, Foreign Minister Elmar Mammadyarov, and the NTRC
Chairman Maharramli all at various times told the Embassy
that the GOAJ was willing to find a solution (reftel B, C,
D).

Censorship -- the Main Objective
--------------


4. (C) The real motivation for the crackdown on the
broadcasters is President Aliyev and Mehdiyev's disdain for
Radio Azadliq's editorial content. In a meeting with DRL A/S
David Kramer on 16 November 2008, Aliyev claimed that "90
percent" of Azadliq's content was biased against the GOAJ and
him personally (reftel E). For his part, Ramiz Mehdiyev
suggested that outlets like Radio Azadliq could legitimately
present news about the United States and the outside world,
but reporting on domestic news would "destabilize" Azerbaijan
(reftel B).


5. (C) Perhaps in order to give the December 30 NTRC
decision the veneer of evenhandedness, the NTRC also
suspended the license of Moscow-based Europa Plus (a network
of popular music stations that broadcasts through affiliates
across the former USSR) because it does not broadcast
sufficient Azeri-language material. Maharramli as much as
admitted that he was doing exactly what the President's
Office had instructed (reftel A). Also, as recently as

BAKU 00000003 002.2 OF 003

101.7

October 2008, the NTRC signed an agreement with the BBC to
allow the construction of additional FM transmission towers
in the regions of Aqsu, Dashkasan and Lerik, a signal that
both parties expected the BBC broadcasts to continue.

Internal Divisions
--------------


6. (C) There are signs that there has been significant
disagreement within the cabinet and Presidential Apparat on
this issue. Based on their statements to the Ambassador,
both foreign policy advisor Novruz Mammadov and Foreign
Minister Mammadyarov have said they would try to keep these
broadcasts on the air (Mammadyarov told the Ambassador that
he was an avid listener of the BBC.) Also, the NTRC delayed
its decision five days, possibly because a final decision had
not yet been handed down by the President. According to
British Ambassador Carolyn Brown, presidential aide Ali
Hasanov, who manages the media for the Apparat, called the
head of the BBC's Azeri service after the decision was
announced. Hasanov told the director that he had tried to
keep the BBC on the air but had not been able to do so.


7. (C) The Azerbaijani Government has also expressed surprise
at the level of attention this issue has generated in Europe
and the U.S. When meeting with Ambassador and EUR/CARC
Director Baxter Hunt, Novruz Mammadov, normally an astute
observer of the United States, said that no one in the GOAJ
considered that stopping the broadcasts could have wider
repercussions in the relationship (reftel C). The Foreign
Minister's reaction also seemed to suggest that he initially
viewed the issue as one of atmospherics (reftel D).

European and Local Reaction
--------------


8. (SBU) The GOAJ's timing of the decision over the long New
Year's holiday weekend limited some of the international and
local reaction to the decision. Despite this, the OSCE
Representative on Media Freedom Miklos Haraszti, EU
Commissioner for External Relations Benita Ferrero-Waldner,
and EU High Representative for CFSP Javier Solana, and the
Parliamentary Assembly of the Council of Europe Rapporteur
Andres Herkel all made statements condemning the decision.
Domestically, opposition newspapers covered the story on
their front pages, quoting opposition leaders and independent
commentators condemning the NTRC decision. All national
television and radio stations also covered the story, but
they presented only the GOAJ viewpoint.


9. (C) On January 5, Charge met with Radio Azadliq Bureau
Chief Khadija Ismayilova to discuss this situation.
Ismayilova explained that Azadliq is pursuing alternative
avenues for getting its message out, including satellite and
short-wave (SW) transmission and negotiating with cell phone
service providers. She informed the Charge that SW is only
currently programmed for one hour per day and that AM radio
transmissions, while not covered by the law, are also shut
off. She also commented that the GOAJ may try to jam SW
transmissions as well. Ismayilova noted that Azadliq's
current satellite transmissions are being carried by the
Hotbird satellite, but that most Azerbaijanis are tuned into
Turk Sat.

COMMENT
--------------


10. (C) The lack of media freedom is one of the most serious
problems facing Azerbaijan. The termination of these foreign
broadcasts has eliminated some of the last remaining
dissenting press voices. While some limited-circulation
opposition newspapers exist, they have small readerships and
do not present an independent, unbiased perspective. The
Embassy is arranging meetings this week with the Presidential
Apparat, the National TV and Radio Council and the Foreign
Ministry to urge the reversal of this decision. Both the
NTRC Chairman and representatives of the BBG have indicated
an interest in continuing negotiations on the long-term
status of VOA and Radio Liberty in Azerbaijan. The Embassy
recommends that the BBG re-engage in these negotiations
without delay.

BAKU 00000003 003 OF 003

101.7

LU