SUPREME COURT REJECTS RADIO LICENSE APPEAL

May 25th, 2011
On 25 May, the Supreme Court held a hearing on combined appeal filed against Appeals Court 28 March 2011 decision on lawsuit against the National TV and Radio Council (NTRC) filed by “Objective TV and Radio Broadcasting Company” LLC co-founders Emin Huseynov, Mehman Aliyev, and Rasul Jafarov. The Judge Shahmurad Hidayev presided over the hearing.

In attendance were founders of “Objective TV and Radio Broadcasting Company” LLC co-founders Emin Huseynov, Mehman Aliyev and their representative Gunay Ismayilova, and the other plaintiff Rasul Jafarov. The plaintiff side’s lawyer was Elchin Sadigov.
Sadigov said that it is illegal to grant license to Golden Prince LLC and he requested the Judge to fulfill appeal.
Rasul Jafarov said that the National Television and Radio Council (NTRC) committed certain legal violations while granting license. He therefore, requested the court to grant appeal.
The representative of the “Objective TV and Radio Broadcasting Company” LLC Gunay Ismayilova said that Appeals Court did not consider legal violations committed during the award of license.  She also requested that the Judge to consider these violations when passing a decision.
Objective Television and Radio Broadcasting Company LLC founder Emin Huseynov said that they faced discrimination at award of license and that it is illegal to grant license to Golden Prince LLC.
Mehman Aliyev said that although they have enough experience in media sphere, the license was illegally given to much less experienced Golden Prince LLC.

After deliberation, the Judge announced the decision not to grant the appeal.
BACKGROUND
On November 25, 2010, National TV and Radio Council announced a competition for opening of new radio station on 103.3 FM frequency. Three companies participated in the competition: Objective TV and Radio Broadcasting Company LLC, Golden Prince LLC and individual Rasul Jafarov. Golden Prince LLC was announced as a winner. The plaintiffs appealed directly to the Appeals Court due to the requirements of the legislation.
BBC radio was broadcast on 103.3 frequency until 2009. As of January 1, 2009, the broadcasting of BBC, Voice of America, and Radio Liberty on local frequencies was suspended.