Re: What to do if confronted by TV Licensing Authority Officers
- From: Alex Heney <me8@xxxxxxxxxxx>
- Date: Wed, 28 Jun 2006 11:05:16 +0100
On Wed, 28 Jun 2006 08:50:20 +0100, "M.I.5¾"
<no.one@xxxxxxxxxxxxxxxxxxxxxx> wrote:
"Alex Heney" <me8@xxxxxxxxxxx> wrote in message
news:e5k2a2t3mmaeqm8pjvl55udvl3fhseutrn@xxxxxxxxxx
On Tue, 27 Jun 2006 15:50:03 +0100, Steve Cooper <src@xxxxxx> wrote:
Man That Tasted Sweet wrote:
Steve Cooper wrote:
Interesting point I picked up on a few weeks ago. Do you have a computer
connected to the internet at home, and if yes does this have RealPlayer,
QuickTime or some other real time audio/video player installed. If it's
running XP you probably have Windows Media.
I only ask as according to the regulatory authority if you down load a
live web-cast, that is being broadcast on TV at the same time you will
need a TV licence. Just a couple of weeks ago the BBC started such web-
casts for the World Cup. Can you prove you have not watched any of
these.
He doesn't have to prove a negative - it's up to them to prove he did.
Do they? Having a TV is no proof that you watch TV, only that you have
the equipment necessary to watch TV.
Indeed.
Which is why just having a TV set is not sufficient for you to need a
licence.
The same goes for the computer and
as someone pointed out 3G phones. If your computer is capable of being
used as a TV (i.e. connected to broadband and with suitable viewing
software installed) then it could be liable to a TV licence under the
current regime, same for a 3G phone if the TV function has been enabled
with the network provider.
Wrong in the first case certainly, unless actually used for that
purpose. Even when the software does not come pre-installed, just
installing it does not mean anything, since it can also be used for
watching videos that are not received simultaneously with being
broadcast, and therefore do not need a licence.
This area is a bit unclear and certainly has not been tested. The argument
by the authorities is that it is only necessary to have equipment installed
and capable of receiving a TV broadcast (whether you actually use it is not
considered the issue).
No, the authorities do not argue that.
Which is good, because it would be wrong.
It is a requirement to have a licence in order *to install* (not to
possess already installed) for the purpose of receiving TV programme
Services. Or to *use* for that purpose.
The question is whether a broadband connected
computer qualifies is important, because Windows comes with the viewing
software installed and operational out of the box - and therefore could be
considered 'installed' for licensing purposes.
But licensing purposes do not require a licence to possess installed
equipment.
And it is also quite clear that it is only installation for the
purposes of receiving TV programmes that matters.
The relevant parts of the legislation are
------------------------------------------------------------------
(1) A television receiver must not be installed or used unless the
installation and use of the receiver is authorised by a licence under
this Part.
(2) A person who installs or uses a television receiver in
contravention of subsection (1) is guilty of an offence.
....
(5) Subsection (1) is not contravened by anything done in the course
of the business of a dealer in television receivers solely for one or
more of the following purposes-
(a) installing a television receiver on delivery;
(b) demonstrating, testing or repairing a television receiver.
....
9. - (1) In Part 4 of the Act (licensing of TV reception),
"television receiver" means any apparatus installed or used for the
purpose of receiving (whether by means of wireless telegraphy or
otherwise) any television programme service, whether or not it is
installed or used for any other purpose
-----------------------------------------------------------------
It is true that the software
can be used exclusivel for viewing a non simultaneous broadcast, but until
the issue is determined by a court, noone can be certain of the answer.
We can be certain that unless it is installed or used for the purpose
of receiving TV programme services, a licence is not required.
--In the second case, where it requires specific action from yourself,
that would not be taken for any other reason, then that action will
probably be considered to be "installing" for the purposes of the
legislation.
Agreed.
Alex Heney, Global Villager
Now go away or I shall taunt you a second time!
To reply by email, my address is alexATheneyDOTplusDOTcom
.
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