Post-Soviet Media Law & Policy Newsletter


Issue 29     Benjamin N. Cardozo School of Law     April 30, 1996 

Broadcasting Bill Dies, at Least Temporarily

    On April 10, 1996, The Federation Council, the upper house of the Russian Parliament, rejected a draft act on television and radio broadcasting, by a 100-vote majority against 29, with 12 abstentions.
    The law, approved by the preceding parliament, was vetoed by President Yeltsin. On March 20, 1996 the Duma, the lower house of Parliament, sought to overrule the presidential veto, approving the earlier edition of the law, despite objections fromboth the government and the media.
    On April 9, 1996, Mr. Valentin Lazutkin, the chief of the Federal Television and Radio Broadcasting Service, the Russian Federal Service for TV and Radio Broadcasting, FSTR, testified before the Federal Council which was discussing the bill; a law on television and radio broadcasting, he said, “must create conditions for the development of broadcasting in the country, but the draft act proposed by the State Duma contains elements designed to constrain its development.”  Work on the new law has been proceeding for three years. The president of the Russian Federation vetoed it claiming that some of its provisions were at variance with the constitution.
    Lazutkin, who represents the interests of one of the “subjects of law” in the debate, told journalists that the draft act was “imperfect because it failed to incorporate in full measure principles of protection of the national broadcaster and the interests of Russia as a major broadcaster.”
    Lazutkin said the new bill failed to take into account that Russia had recently joined the Council of Europe. With this in mind, Lazutkin stated the need to muster “courage and to take a broader look at the new law instead of trying to patch it up, as has been done for a long time.”
    He said numerous fundamental problems—including economic—were connected with television and radio broadcasting, in Russia. He added, that since the budget revenue was not replenished as planned, the broadcasters were finding themselves under-funded even during the election period.
    In this context, he said, “the new bill “provides no answer to the question about how television and radio broadcasters can survive and how the activity of broadcasting companies must be licensed.”From ITAR-TASS reports.
    According to an article by Sophia Coudenhove, in the Moscow Times, the broadcasting bill, which will most likely be amended, in May or June, would have replaced the State Television and Radio Broadcasting Service with a 15-member regulatory commission. A third of the members would be nominated by the president, a third by the State Duma, the lower house of parliament, and a third by the Federation Council, the parliament’s upper house. The president would have final approval of all appointments, and would name the director.
    The committee would monitor broadcast media and could revoke licenses if firms were deemed to have violated rules governing pornography, violence, andabuse of the Russian language among other issues.
    Coudenhove wrote that the next step, according to Aleksey Artishchev, an adviser to the Council’s committee on science, culture and education, is for the two houses to try to modify the bill.
    According to Coudenhove’s account, Artishchev disputed contentions by critics that the proposed commission system could be a potential form of censorship. He stated that, “the bill simply suggested that the broadcasting media not be entirely in the hands of government organs,” . Artishev believed that it was rejected "because deputies close to the government don’t want the broadcasters to be more independent from them.”
    The Federation Council’s decision to reject the bill after approving it once before coincides with a presidential election campaign in which Communist challenger Gennady Zyuganov has accused the media of pro-government bias.
    Some opponents of the Communist Party say limiting its access to the airwaves should be the first priority. “This bill would give them far too much freedom and let companies broadcast anything they wanted to,” said Georgy Kuznetsov, chief of the broadcasting department at Moscow State University.
    “It’s all very well to talk about freedom of speech in the West where differences of opinion are minimal,” he said. “But in Russia you have to do something so that you don’t have the Communists constantly on television screens because in this country freedom of speech can lead to tanks on the streets again.”
    In a front-page article, the daily Rossiskiye Vesti said passing the bill would give the opposition “the means of having an influence on broadcasting that would in effect give them powers of censorship.”



Election Commission Establishes Rules for Free Television Time

    Free airtime for presidential candidates has been reduced to 20 minutes a day, a third of that granted during the State Duma elections, in December. Nikolay Ryabov, the chairman of Russia’s Central Electoral Commission, said that the two main reasons for the decision were: 1)the smaller number of candidates; and 2)the fact that the state had still not paid its debts to state television and radio companies for the Duma campaign.
    Other issues covered by the instruction on the mass media, approved by the commission on April 5, include redefining the term “state TV and radio company,” paid election coverage in printed media and roundtable debates. The text of a report by ITAR-TASS news agency follows:
    Moscow, April 8, 1996, ITAR-TASS correspondent Tamara Ivanova: In the presidential election campaign, the daily airtime which the state television and radio companies will grant to Russian presidential candidates for electioneering free of charge has been cut to a third. This is one of the main innovations of the so-called instruction on the mass media regulating the procedure for granting airtime on state television and radio channels that was finally approved last Friday, April 5, 1996, by the Central Electoral Commission.
    According to this document, every working day beginning on May 14, Russian presidential candidates will be given 10 minutes airtime between 0700 and 1000 hours and a further 10 minutes between 1800 and 2300 hours, bearing in mind local time. During the December State Duma elections, a total of one hour was allotted for electioneering under a similar instruction.
    The proposal to reduce free airtime was made by Nikolay Ryabov, the chairman of the Central Electoral Commission, himself at a conference with the heads of regional television and radio companies, in Moscow, last March. The proposal was warmly supported by participants in the meeting. The chairman of the Central Electoral Commission stressed, in an interview with an ITAR-TASS correspondent, that there were two main reasons behind the decision. Primarily, he predicts that the number of participants in the presidential campaign, will be far smaller than during the State Duma elections. As a result, they will not be limited by the overall volume of airtime. On the other hand, the state has still not paid its debts to the state television and radio companies for the Duma campaign. The total loss borne by the 89 regional television and radio companies stands at tens of billions of rubles.
    The new instruction has also somewhat altered the approach to the definition of the term “state television and radio companies.” Whereas in the document which figured in the Duma elections a company was regarded as a state company if its founders included state structures, the main criterion now has become the fact of state financing. This raises many new questions, in particular with regard to Russian Public Television. As is known, the state owns 51 per cent of the shares of this company, but budget financing of the company has not yet been started in 1996. Although the management of Russian Public Television has already promised to provide free airtime, the Central Electoral Commission has sent an inquiry to the Russian Federal Television and Radio Broadcasting Service about which television and radio companies can be regarded as state companies.
    The instruction’s other innovations include the fact that partially state-owned periodicals and municipal printed mass media are providing space for electioneering for a charge. Every presidential candidate can also use publications founded by them for electioneering, but these must be financed out of the candidate’s election fund.
    Nikolay Ryabov also explained that free airtime is only being granted to presidential candidates themselves. Whereas, their campaign groups will have to pay to carry out electioneering.
    Finally, the instruction contains recommendations on the holding of debates, round tables,” “hotlines,” etc., during the campaign. Legislation does not allow candidates to be forced to resort to these “ genres” of electioneering.
    Assessing the document as a whole, Nikolay Ryabov said that the instruction had been compiled taking all sides into account and “makes it possible to achieve the objective set.” He also stressed that he attached particular significance to the work of regional television and radio companies because, “the battlefield will be in the provinces rather than in Moscow.”



New Head of ORT, Flexes Muscle, Speaks His Mind

    Eduard Sagalayev held his first informal meeting with journalists, March 27, after his appointment to the post of chairman of the All-Russia State Television and Radio Company VGTRK.The following is from an interview in Izvestiya.
    Despite promising not to make any radical changes at the channel, he has, however, already taken a series of steps designed to bring about a fundamental reorganization of the company’s management structure.
    He has removed several chiefs, appointed new ones, combined three unwieldy sister associations within a single organization, and begun staff cuts.
    According to Sagalayev, VGTRK’s problem does not lie in a lack of budget funding—used judiciously there would be enough for 15 channels—but in its obsolete, ineffective management structure with its great number of meaningless rules.
    It transpires that the company, formed in 1990 as a democratic and progressive organization, has turned into a museum piece of the stagnation period. Here, it is impossible to make the simplest of decisions and, it is necessary to have them cleared with many offices, which, in turn, are bound by absurd rules.
    For example, the VGTRK chairman cannot give Svetlana Sorokina a pay rise. The Russia TV “star” receives 400,000 rubles and with bonuses her pay reaches one million rubles. Sagalayev’s “proteges” Flyarkovskiy and Gurnov, who are soon returning from whence they came, ask him “you want Vesti, a Russia TV channel news program, to compete with NTV Moscow independent television under these circumstances?”
    Sagalayev really does want to compete, and is courting people versed in management science and modern financial mechanisms who possess a taste for and experience in working both for state and commercial television.
    One of the goals of the company’s restructuring is, in the words of its director, for it to pay its own way completely, and to direct the advertising revenue into creating programs that promote national culture, literature, cinema and theatre.
    An association is being created within VGTRK to produce its own television films—both feature films and documentaries—to avoid buying them. Today, this unique area of Russian television is in complete decline.
    Eduard Sagalayev told journalists what the president wanted with regard to the second channel:
    First, we must show more provincial life on television.
    Second, news and comment programs should not drive viewers to despair because of the large quantity of rubbish, which was the reason for Oleg Poptsov’s, former head of VGTRK, departure from office.
    When Sagalayev asked for clarification of the term “rubbish,” it was explained to him that this referred to reports on Chechnya and improper behavior, which in no way reflect the positive processes taking place, in Russia, in the fields of science and culture, in the economy and people’s lives. The VGTRK chairman agreed in principle that when an entire program consists of politics, this is evidence of there being something wrong with the news service.

Russia TV’s election role

    Of course, the subject that has engendered most interest among journalists is the coming elections.
    “To a certain degree, I agreed to join the second channel because I think that in this particular position and at this time I will be able to have an influence on Boris Nikolayevich Yeltsin through direct contact and television programs, helping him not just to stay in power but to realize what is sensible in his opponents’ programs as well. Which is why his opponents—the Communists and national-patriots—must definitely be shown on state television, although there can be no question of their being given the same opportunities as the president.
    “Today the channels are openly in favor of the president. It is television’s job to convince both the electorate and Yeltsin’s political opponents that his presidency is the guarantee of the freedom both of Communists and non-party people.”
    Eduard Sagalayev does not agree that state television is incapable of mounting an effective election campaign, which is precisely why Yeltsin invited NTV President Igor Malashenko to join his consultants.
    “It is clear that state television will indeed do what the president requires. By inviting Malashenko, the president is accomplishing another task: that of making allies not only of an independent television company and its intelligent and professional leader, but also of the powerful financial group backing NTV.”
    According to an article by Simon Saradzhyan in The Moscow Tribune, March 30, Sagalayev “no longer finds it necessary to conceal VGTRK’s once camouflaged support for President Yeltsin.”Also, Sagalayev is chasing Oleg Poptsov’s “chernukha” (gloom and doom) from the screen. He “vowed to wipe Chechnya and mafia gloom and doom from VGTRK’s news coverage and provide more diversified coverage of Russia’s daily life, devoting more time to ‘positive processes and cultural events.’”



Zyuganov Addresses Media Attitudes in Press Conference

    Presidential candidate Gennady Zyuganov held a press conference on April 9. Among the subjects discussed was his attitude toward the media.
    Q:  Gennady Andreyevich, what do you think about the press coverage of your election campaign?
    Zyuganov:  What I think? The way it is being covered is no news for us. We were inwardly prepared for this. I feel sorry for your gifted pens and for your camera skills. I see that many of you are taking pictures, but there is no adequate reflection of this on the television screens and in the newspapers. The first channel of television for all practical purposes has been privatized. It is no longer public television. It reflects only one certain point of view. There have been personnel changes on the second channel. As a result, not only Zyuganov and his election campaign, but also many others have vanished from its news coverage. As to NTV, which is called Nezavisimoye (Independent—FNS) television, they will have to part with the letter “n.” For instance, on returning yesterday from my meeting with Kwasniewski, I suddenly learned that the meeting will not take place, that I was not invited and many other things. And this despite the fact that at the meeting I saw Kiselev. And I hope that today he or his program will apologize to me and will clarify this matter, and will amend yesterday’s report. On the other hand, we see wide-scale support on the part of the local media—district, city, regional newspapers. They are more independent in their behavior. Although very tough orders were issued to them, the industrious Russia is continuing in her best tradition. But we will give thought how best to react to the massive effort to ignore our election campaign. We also hope that those who are duty-bound to do this will react to this situation. I also believe that you, too, will react to this.

*    *    *

   If someone doesn’t like anything, he may express his point of view, but this does not mean that we have no right to implement what has been expressed by the entire nation and what has been supported by the highest legislative body. This is the essence of democracy. As for the mass media and the attitude towards them on the part of Lukashenko and others, it’s not a secret that we have no democratic mass media. What is going on on Russian television and the radio goes beyond all the norms. I have lately met representatives of the foreign mass media. Seventeen people accompanied me on my trip to Ryazan. They themselves shrugged at the realization that they didn’t understand what was going on. Our information services often refer you to foreign sources of information if you want to find out the truth about a visit, the nature of talks or about assessments, because ours delete everything. Just today, I read Komsomolskaya Pravda. It seems to be a respected newspaper, but what it writes is not just a lie, but complete nonsense. Why didn’t they find the documents, just for the sake of decency, and read them — I have never been a USSR deputy, I have never been a deputy of the RSFSR. Not only did I not vote for any of the things they write about, I had no legal right to vote. And the rest you can just skip because it is basically a lie that has nothing to do with my real political activities. If you look at legal standards, they should be brought to account. But one gets such things every day and it’s impossible to bring everyone to account for all these variegated lies. I believe that journalists don’t enjoy. The article in Komsomolskaya Pravda has no byline. I know many guys there and I have high regard for them. The article is bylined: Political Desk. Well, this is a “desk” which has inherited the worst of what they tried to get rid of. . . .

*    *    *

    I have met with Russian writers and 90 percent of Russian writers, including young ones, support our trend and many provisions in our platform. And when they address audiences, I can assure you they will speak their mind on the situation and support our bloc. The same happened with many movements. I recently met with the coal-miners’ union. There were representatives of all the coal-mining areas from Sakunain to the Leningrad open-cast mines. They were strong, robust, competent people and they speak for 95 percent of miners. We found a common language on a number of problems. Every day at least 1,000 people work for us throughout Russia spreading our word. Tomorrow we will be in Voronezh. The day after tomorrow, we will be in Lipetsk and then in other regions. And anyone who cherishes Russia is only too glad to accompany us. And I expect that representatives of all the 26 districts, all the officials of labor unions would come to a village in Smolensk region which I visited. And they decided to support me and to make as many copies as possible of our documents. I can give you the viewpoint of students. The University in Smolensk was the 44th university which I visited recently. The students came up to me and said, Gennady Andreyevich, bear no grudge against Kukly. We know you from this show and we do not watch news programs. But now that we have met you in person, we see that that far-fetched image of yours falls apart. And people start looking at you differently. Psychologists know this very well. As for NTV, I have asked them once to somehow mark the role of the puppet that portrays me, because if my puppet and one other puppet are removed from the show, it will be closed immediately.



Miazek Shakes up Polish Television; Consequences for Broadcast Licenses

1.  Text of report by the Polish newspaper Wprost, April 21, 1996:

    The SLD Democratic Left Alliance, government party gave up the leadership of the national television Polish TV very easily, but maybe not for long.
    In early 1997, the station’s Supervisory Board will be changed, and the SLD will be able to have full control over Polish TV. The task will be facilitated by the fact that it is Ryszard Miazek, its new chairman, who will assume the burden of removing former chairman Walendziak’s people from the company. What is more, according to information received by Wprost’, the appointment of Miazek is part of the “binding contract.”
    In return for the support of his candidacy, the SLD is said to expect that the PSL Polish Peasant Party will accept a business concession for the capital group Polish Media SA, backed by some SLD politicians.
    The National Radio and Television Council KRRiTV is about to grant a license for operating television networks. As many as 53 bids have been submitted.
    Until now, the council has treated two applications seriously for building large networks, and there is enough bandwidth for both of them: Antena 1 is a venture of Marion Terlecki, former head of Polish TV, who is now an independent television producer and widely considered to be a man of the opposition. Antena 1 can also count on support from PSL members, because its Supervisory Board is headed by PSL deputy Tadeusz Sytek.
    Another contender is TVN, a company founded by Mariusz Waler, head of the film producer and distributor ITI holding, who once created “ Studio 2”, a popular television program. These companies are well established in the television industry and have a strong financial standing. They both applied for a concession last time and lost to Polsat. This time, it is Nasza TV Our Television, promoted by the company Polish Media SA, that is running as the dark horse in the race for the frequency allocation.
    Industry insiders say that the main asset of that company is its people. These are the seven founders of Polish Media SA : January Goscimski (holding a stake of 18.66 per cent in the company), Leonard Prasniewski (16.66 per cent), Iwona Buchner (6.69 per cent), Janusz Wojcik (20 per cent), Janusz Przezdziecki (10 per cent), Lech Jaworowicz (6.66 per cent), and Henryk Chodysz (21.33 per cent). In this group, only Jaworowicz has worked in television. The only thing that we know about Chodysz, the company’s chairman, is that he is a friend and neighbor of Marek Siwiec, until recently an SLD representative in the KRRiTV and currently a minister at the Polish presidential office.
    The company’s authorized capital looks miserable against the costs connected with getting a network up and running. In comparison, a monthly charge for using a satellite transponder is Z500,000. Although the stockholders declare they would raise the capital to Z10m after a license is granted, it remains unclear what sources would finance the whole venture.
    Polish Media expects that a portion of the new share-offering will be bought out by local authorities. So far, only the Centrum Centre Warsaw district has submitted a letter of intent. Therefore, the main burden of raising the capital by Z9m will be assumed by the seven businessmen, who are pointing to their stakes in their own companies. The latter, however, have either been losing money for several years or have never registered their balance sheets with the court, and their financial condition is unknown.
    According to the company’s calculations, it will cost Z32m to activate Nasza TV. With the above Z10m taken away, there is still a problem of raising Z22m. Polish Media hurried to assure that with a concession in hand, it would receive this money from four institutional investors: Sobieslaw Zasada, owner of Mercedes car retail network; Petrochemia from Plock; the Szczecin Construction Enterprise, Espebepe (whose stocks sharply dropped on the stock exchange); and the Elektrocieplownia Warszawska SA thermal power plant in Warsaw.
    Those assurances were not too convincing. Two weeks ago, Bank Inicjatyw Gospodarczych Bank of Economic Initiatives hurriedly held out a helping hand, issuing a promissory note for Z25m in a long-term credit that will be provided if Nasza TV obtains a concession.
    Meanwhile, the essential part of the bid submitted by Nasza TV often elicits amusement. The businessmen are planning that the primary source of their income will be commercials which should rake up 88 per cent of all revenue, taking up only 2.5 per cent of the air time. They proposed “programming for average people, a self-governing television, one for a neighbor, television promoting such values as dignity, honesty, tolerance, respect, and punctuality” as published. The television’s strength is supposed to be its local orientation and daily local news. This is why it plans to employ . . . 16 journalists.
    So, what we see here is an application that was earlier viewed as a collection of unrealistic plans, conceived by entrepreneurs unfamiliar with the business, becoming a favorite bid of the government coalition-backed part of the KRRiTV. The group of businessmen is supported by the SLD. An important role here is played by private connections and interdependent interests dating back to PRL [Polish People’s Republic] times.
    It would be enough to trace the history of the Prywatny Bank Komercyjny Leonard Private Commercial Bank Leonard founded by Prasniewski. The bank was managed by Zdzislaw Pakula, who was the NBP National Bank of Poland chairman in the PRL. Until 1994, the position of the bank’s deputy chairman was occupied by Bazyli Samojlik, finance minister in 1986-88 and, before that, an economic adviser to General Wojciech Jaruzelski.
    Two years ago, Samojlik became deputy chairman of the BIG Bank. January Goscimski is a BIG stockholder in the FoKa company.
    The UOP State Protection Office is reviewing the applications of Antena 1, TVN and Nasza TV.

2.  The new head of state-owned Polish TV (TVP), Ryszard Miazek, has criticized the policies followed by his predecessor and outlined his own ideas concerning TVP’s future. Miazek said he wanted to end the conflicts between politicians and television and make sure that TVP becomes more objective. The following is the text of an interview published by the Polish newspaper Zycie Warszawy.’

“A journalist must follow guidelines set by his superiors”

    Q:  What do you think was the biggest mistake TVP made under the leadership of former chairman Wieslaw Walendziak?
    Miazek:  It defined its mission as serving society at large, not the state or the government. In reality, however, society is the state and its democratic structures, and television should offer its services to them. It should not aspire at expressing independent opinions, because such opinions are formulated by parliament and other representatives of the state.
    Democracy makes a distinction between those who follow the instructions of the state and those who do not. Politicians who follow their instincts in fulfilling the wishes of their voters fall into the second category.
    The claim that a journalist is a representative of society defies the distribution of roles in a democratic state. A journalist must follow the guidelines set by his superiors.
    Q:  What do you think the mistake—as you call it—in defining the tasks of public television has led to?
    A:  There was a conflict with the entire world of politics, not with just a single group. In interviews carried out by journalists with politicians, each party interpreted their role differently and could not reach agreement.
    Q:  What do you suggest?
    A:  These contacts should become normal. The world of politics is one of the many worlds that television shows. There is no reason why it should be treated any different than business or science. Equally critically and independently, but without provoking conflict from the very start.
    Q:  What specific measures do you intend to take to eliminate those conflicts?
    A:  I think that once I begin talking with journalists, we can reach agreement very quickly. Managers have not talked with journalists so far. Special meetings should be held during which basic guidelines and issues of style and language should be decided. Journalists generally comply with the intentions of the leadership very quickly.
    More than 1,000 journalists are employed in television. We have to analyze ways of coordinating their activities, decide who runs television, and who defines its style.
    Q:  How do you intend to dissuade television from claiming a right to speak out on behalf of citizens?
    A:  There are many ways of doing that. The board issues resolutions and memos in which it instructs the team what to do. Certain principles and criteria of evaluation are being elaborated. This has to be done from the very start. Some might find these principles unacceptable and resign.
    Q:  What will the main principles of the television headed by you be?
    A:  They are implicit in the Radio and Television Law, as well as in documents issued by the National Radio and Television Council KRRiTV and the TVP Supervisory Board. Had they been obeyed, we would not have any conflicts.
    It turned out, however, that the previous board gave the heads of programs and other television structures too much freedom, without interfering with the programs in any way. However, the truth is that the board is directly responsible for programs. The head of TVP has to pay a fine the equivalent of one and a half year’s salary for mistakes in programs.
    Journalists must obey guidelines set by their managers because it is the managers who are held responsible before the citizens and the state.
    Q:  Let us return to what you consider to be the fundamental mistake made by TVP—namely, claims to the right to speak on behalf of the entire nation, taking over this role from parliament. After the last elections, as much as 30 per cent of citizens do not have their representatives in any state structures.
    A:  Television has a right to voice the opinions not only of governing parties, but also of extra-parliamentary groupings. Thus far, such opinions have been voiced with keen insight, and that is how it should stay.
    Q:  Does that mean you no longer claim that TVP exclusively addresses the political expectations of the right?
    A:  The right-wing parties stated so themselves when, in time of crisis, they joined forces to defend TVP. If they defended TVP, it must have satisfied their expectations.
    Q:  Do you have any other examples proving that TVP is right-wing?
    A:  Every Sunday the Movement for the Reconstruction of Poland holds a news conference which is reported for five minutes on the main “Wiadomosci” newscast. Or, a working meeting held between Olszewski and Krzaklewski is reported. Is an equal amount of time devoted to any other party that gathers on Sundays, or a meeting between Polish Peasant Party Chairman Pawlak and the leader of farmers unions? Other politicians, seeing these things, claim their parties are not treated fairly.
    Once the criteria according to which politicians are to appear on the TV screen are clear, there will be no informal pressure exerted on television.
    Q:  What would these criteria be?
    A:  We should work out some sort of code together with the journalists. A general code consisting of seven basic principles has already been developed. Now, those principles have to be specified in greater detail. They should define objectivity and independence in particular situations, specify how to report government sessions, etc.

Zycie Warszawy, Warsaw, April 15,1996



Hungary: Developments in Wake of New Media Law

    1. The Hungarian broadcasting company, Antenna Hungaria, responsible for the transmission of radio and television programs, may soon fall into private hands. This was announced at a press briefing, April 25, held by the State Privatization and Assets Management Joint-Stock Company APV Rt. According to Eva Vajda, the APV Rt will invite tenders for the privatization of Antenna Hungaria before June 30 1996. The company is searching, before taking this step, for a financial consultancy firm which would assist in the privatization process.

    2. According to MTI, the State Privatization and Holding Company (APV Rt) and the Infrastructure Ministry bids would be due 60 days after the announcement, Imre Bolcskei, deputy state secretary at the Infrastructure Ministry. The privatization is expected to be concluded by October, Mr Bolcskei said.
    An earlier attempt to privatize Antenna Hungaria in 1995 fell through as the price offered by the only bidder, Telediffusion de France, was less than the minimum price set in the tender invitation. The successful bidder in last year’s tender could have acquired a majority stake in return for raising the company’s registered capital by HUF 8bn.
    The government decided on March 7 that one of the conditions of the new tender invitation will be that the successful bidder can acquire a 60pc stake if they carry out a HUF 4bn capital injection.
    The new media law introduced early this year, which establishes Antenna Hungaria’s broadcasting role, improved the chances of the company’s successful privatization, Mr Bolcskei said. The media law stipulates that the company will set up seven national radio and television broadcasting networks within two years, including the third national TV channel and four FM radio channels.
    The company estimates that the implementation of these plans will cost around HUF 4.5bn, which will require either borrowing and/or a capital increase. An EGM scheduled for late February was supposed to discuss a HUF 2-3bn capital increase. The EGM was postponed until early March and was then not attended by the State Privatization and Holding Company (APV Rt), which holds 83.2pc of the company. This means that no capital increase can take place before the company’s AGM in May.
    Simultaneously with the invitation of tenders for the privatization of Antenna Hungaria, tenders will be invited for the national broadcasting rights concession. Antenna Hungaria has a good chance of winning the concession as any other company would have to invest many times more than Antenna Hungaria to carry out broadcasting in Hungary.
    Antenna Hungaria, which has registered capital of HUF 7.849bn, has debts of HUF 3.2bn.
    According to earlier press reports, Telediffusion de France and the Hughes Corporation are interested in acquiring Antenna Hungaria.

MTI Econews, March 29, 1996

    3. The MTM-SBS consortium confirmed its intention to bid in the Hungarian television privatization. Due to MTM Kommunikacio’s previous activities, its knowledge of the market, and the television companies and advertising agencies standing behind the consortium, the company would be able to fulfill the requirements of a public television broadcasting company, MTM Kommunikacio’s president and CEO Ferenc Tolvaly said at a press conference in Budapest on Wednesday.
    MTM Kommunikacios Rt signed a consortial contract last August with the Scandinavian Broadcasting System (SBS) on the operation of a commercial Hungarian ground TV channel, also fulfilling public television functions. Herbert Kloiber, owner of the Tele Munchen group announced that, under a recent agreement, Tele Munchen, which primarily deals with production and which also has an interest in RTL 2, will acquire a 49pc stake in MTM through a HUF 500m capital raise. Richard Spinner, SBS-co-owner and European president of ABC Capital Cities, operating television and radio channels in five EU-states, expressed support for the bidding endeavors of the consortium.
    ORF managing director Andreas Rudas said that Austrian public television signed a letter of intent with the MTM-SBS consortium. ORF wishes to back the implementation of the public television endeavors with its experience accumulated in public television broadcasting.
    The concession fee of the channel to be offered for privatization will be determined by the market situation, Ferenc Tolvaly told MTI, adding that they are not yet informed of the amount. He said the company has good chances for success in the tender and is not afraid of its—also well-prepared—rivals.
    Tenders for MTV2 and MTV3 will be invited by June 1 this year and the results will be announced by November 1. Other bidders include CEDC, headed by former US ambassador to Hungary Mark Palmer, the French TF1, the US ABC and the Hungarian Nap TV, which enjoys the support of the National Sports Organization (OTSH), as well as CLT of Luxembourg.
    The state-owned broadcasting transmission enterprise Antenna Hungaria announced, April 11, that it would take Duna TV and Hungarian Radio to court to recover the over 500m-forint debts it is owed by the two broadcasters, but later the same date reported that Duna TV’s debts would be paid.
    Hungarian Radio said that Antenna Hungaria was not allowed by law to cease the transmission of programs by public broadcasters, but it had to have the money before its impending privatization.
    Antenna Hungaria’s action is not aimed against the media organizations, its spokesperson said, since it is aware that the 1996 funding of Duna TV and Hungarian Radio has not yet been solved, but it has to have the cash because it is to be privatized soon.
    Hungarian radio also reported that, according to its deputy technical director, the institution was unable to pay on time because in the first two months of this year 140m forints less than expected revenues were raised from subscription fees. Bills for a proportion of radio commercials are also being settled belatedly, he said, adding that at the same time the technical costs of programs had risen, including higher electricity, telephone and heating charges.

4.  A commercial Hungarian television station, Maros TV, has started broadcasting in Romanian and Hungarian in Tirgu Mures, in Romania. In an interview for Hungarian radio, the channel’s technical manager says Maros TV intends to build cultural bridges between the Hungarian and Romanian communities, and to fulfill public service tasks in order to ensure its commercial viability. The following are excerpts from a report by Hungarian radio:
    Today, 15th April, is a significant date in the history of Hungarian television broadcasting in Romania. True television broadcasts in Romanian and Hungarian by Maros TV began for the first time today. Peter Marvanyi spoke to Antal Katyi phonetic, technical manager of the commercial television station in Tirgu Mures known as Marosvasarhely in Hungarian.
    Q:  Why is the first local television station beginning broadcasts in Tirgu Mures in 1996?
    A:  There was an attempt in 1990 which was halted from one day to the next following the March events clashes between Romanians and Hungarians in Tirgu Mures. At that time the team of TV producers broke up and moved to different parts of the world ranging from Hungary to Sweden, and the whole project was halted. There are two cable companies in Tirgu Mures. Neither of them really tried to make local programs; they were satisfied with rebroadcasting satellite programs.
    What we did was madness: launch a television station without money, or with very little money. We attempted a formidable task, because we are not a cable network; we are a television company which covers almost half the county over-the-air.
    We are one of the few television companies in Romania which broadcasts in Hungarian; there are some television companies which broadcast bits in Hungarian in Timisoara and Brasov perhaps . . .
    It is bilingual—understandably so because the proportion of Romanians to Hungarians in the town is about 50:50. The question has been asked as to whether this was forced on us. The reply is no. I believe that we are a commercial company and therefore we must exist in these surroundings . . .
    Q:  A strange situation has developed in which an expressly commercial venture must perform public service tasks.
    A:  We have public service tasks partly because we are the first local television station in Tirgu Mures, and partly because of our bilingual nature, and we accept this.
    We must also take commercial considerations into account—we have no state or budget support. I could say definitely that we are independent at the moment. We have accepted this public service duty and the fact that we should be an information service for the town . . .