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Questions and
Answers The information below is
taken from scans of BBC letters provided under the Freedom of Information
Act.
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 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 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) |
Update August
2009: TVL/BBC has provided the following information to anti-TV licence
campaigner Vladimir Bukovsky, who owns a television able to receive broadcasts,
but pays no licence fee. The information is in the form of three letters, the
first two of which assure him that he is under no obligation to buy a licence,
unless he watches broadcasts.


These statements may come as a surprise
those who have believed previously that a TV need only be installed for
receiving broadcasts to be subject to licensing requirements, as opposed to
used.
Nevertheless, the 3 August
letter explains that Section 363 of the Communications Act 2003 must be read in
conjunction with Regulation 9 of the Communications Regulations 2004, which
refers to installation or use of apparatus for the purpose of
receiving television programme services. If one does not intend to watch
broadcasts, then installation ceases to have that
purpose.
Mr Bukovsky received a
third letter which underlines this:

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