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Clock ticking for Emmis in Hungary

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Come this Thursday, November 19th, a monumental change is due to take place in Hungary – with the two most popular radio networks to be replaced by upstarts tied to the country’s two main political parties. That is, unless the courts intervene and block the confiscation of the value built up by US-based Emmis Communications and German/Austrian Accession Mezzanine.

Slager Radio has been a big success for majority owner Emmis for the past 12 years, but there were surprising developments this year when the two national licenses came up for rebidding. RBR-TVBR has been told that shortly before the bidding process began, Slager was approached by one of Hungary’s two largest political parties with a demand that it receive a controlling stake – essentially for nothing. Slager and Emmis refused, saying that would violate both US law and Hungarian law. The other party made a similar demand of Danubius Radio (backed by Accession Mezzanine), which also refused.

When the bids were submitted to the ORTT, Hungary’s version of the FCC, Slager and Danubius each proposed to pay approximately 15% of their revenues as a license fee. The challengers, each tied to one of the political parties, bid 50%. The higher bids won.

Obviously, paying 50% of revenues to the government is not a viable business plan and also would leave nothing to be paid to the political parties. But, with the two big political parties colluding to protect their partners, what is the chance that the ORTT would ever revoke their licenses for non-compliance? None.

The bidding process was such an obvious fraud that the head of the ORTT resigned in protest. Politicians from minor parties have called for an investigation. US Vice President Joe Biden has gotten personally involved, but got nowhere in trying to persuade the Hungarian government to abide by its own laws. Former FCC Chairman Bill Kennard has been asked to intervene at the European Union (EU), of which Hungary is a member, and where Kennard is now the US representative with the rank of Ambassador.

Slager filed legal action seeking an injunction to block the change of licensee. Since this is entirely new legal ground, it is unknown at this point whether any court hearing will take place before the 19th.

As it stands today, the two political parties involved in the radio takeover are ignoring critics and the new licensees are preparing to go on the air later this week.

RBR-TVBR observation: All this sounds a lot like the return to Stalinist thuggery that we’ve seen in Russia under Vladimir Putin. But while Hungary was once part of the Soviet empire, it is now a member of the EU and is supposed to follow the rule of law.

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zsuzsa beres on 15 November, 2009 06:37:30
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As a one-time business reporter for Reuters in Budapest, I have to observe that at least half the story is glaringly absent from this post. Slager and Danubius wanted their radio licenses extended automatically, i.e. no rebidding, for another seven years. Emmis, iike all key stakeholders in this game, lobbied Hungarian law-makers heavily last year for an amendment to Hungary's media law to make this possible. And won! However, Hungary's president turned to the country's constitutional court for a legal review, and the court found that no-bid, automatic extension violates free competition and anti-monopoly legislation. So a tender was announced and Slager and Danubius lost. Why? This post fails to mention that there's been a huge political shift in Hungary's political landscape. The current "left leaning" governing party, who backed Slager (Emmis) all these years (yes, that's how it won its radio license) will be ousted next year and the likely new "right-leaning" governing elite is backing totally different media groups. It's all about political elites and their political favoritism, as is practiced worldwide, including the USA. Emmis, too, lobbied heavily in Hungary just like anybody else with a stake in the game, first to obtain a no-bid extension of its license, and then to win the rebidding. Local media commentators actually criticized Emmis for its heavy-handed, counterproductive PR narrative, which openly demanded the continued "right" to the Hungarian radio frequency it's been using for the past 12 years as though the radio license were its birthright. Was the bidding process corrupted? Yes it was. Was it corrupted when Slager and Danubius emerged as winners? Yes it was. Indeed, after it won the license 12 years ago Slager fought aggressively to renegotiate the terms of its own bid after the fact, and the corrupt system, whose political backing it then fully enjoyed, granted Slager new terms, ie. it was allowed to pay less money for the license. So Slager (Emmis) has had a great deal all these years, made tons of profit. Now it's somebody else's turn. And to talk about Stalinism" in relation to Hungary is just silly and serves only to cover up the totality of the facts of the "radio wars" (now two decades old by the way), which this post fails to present. It's not about our "good guys" vs. their "bad guys" at all. It's all about making profit and doing whatever's necessary to snag opportunity. Slager (Emmis) and Danubius had no complaints so long as they were in. Now that they're out they're screaming murder. Slager and Danubius are popular radio stations in Hungary, and I'd personally be sorry to see either of them disappear from the air. Indeed, it is being rumored that Slager is hoping to relaunch on another, perhaps regional, frequency.
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RBR-TVBR readers rejected PRA negotiations two weeks ago. 8/23 NAB explained the proposal and wants the industry’s opinion, so we’ve simplified the answers and we're putting it before you again:
Submit your own poll Email production@rbr.com
www.harkerresearch.com




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