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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