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Questions and
Answers The information below is
taken from scans of BBC letters provided under the Freedom of Information Act
and made publically available via their website. To peruse the letters in more
detail, click here for the BBC Freedom of Information
webpage.
1) Whether
non-TV owners need to notify TVL/BBC

2) Whether a TV licence is
required for the simple possession of a
television

3) Whether a TV licence is
required for a television that is used for playback only (i.e. watching DVDs
and videos)
Note: this answer does not appear on the
TVL website. Here is a screen shot from that site that deals with the same
question:
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| tvlicensing.co.uk - 1 December 2006 |
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Is the statement - that people "need to
notify us in writing" - true?

4) Whether unlicensed persons
are obliged to reply to TVL/BBC letters

The following conclusions can be drawn
from the above information:
First, letters from
TVL/BBC demanding a response have no legal backing. TVL/BBC can ask for
a response, but they cannot compel. Their letters can be ignored. A
householder's need for a licence arises only if he or she undertakes an
activity that is licensable (watching or recording broadcast television); if
not, there is no need for the householder to communicate with the licensing
authority.
Second, the expression "TV licence" is a
misnomer, since a TV does not require one (otherwise, they would be issued when
the TV is sold). The licensing requirement is for the receiving of live
television broadcasts. This includes satellite and overseas broadcasts, as well
as domestic terrestial channels. A licence is not required for the ownership of
a television, or its use for DVDs, video games,
etc.
The legislation is
worded:
(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.
(3) A person with a television
receiver in his possession or under his control who -
(a) intends to
install or use it in contravention of subsection (1), or
(b) knows, or has reasonable
grounds for believing, that another person intends to install or use it in
contravention of that subsection,
is guilty of an offence.
(Communications Act 2003,
chapter 21, part 4) |
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