Users of the service also run the risk of violating the terms
and conditions of broadcasters if they use the service. Terms and
conditions for a subscription to BSkyB's Sky satellite television
service, for example, forbid the viewing of the content outside of
the registered address.
Mobile network 3 will launch further details about the service,
including prices, next week. Last week it launched the X-Series
service, a series of pricing packages based on two handsets which
will offer the use of services such as free phones calls for Skype
users, Microsoft instant messaging and access to content stored on
their PC.
The network has teamed up with Sling Media, which makes
Slingbox, a set-top device that sends all of the television which a
user receives in their home on to a server for remote
viewing. X-Series will allow subscribers to watch either
recorded or live television on their handsets via the Slingbox.
The TV Licensing Authority said that a user's home TV licence
would cover users while watching on a handset that was battery
powered. As soon as that handset is plugged into the mains
electricity, though, a TV licence must exist for the premises
supplying the electricity or the user has committed an offence.
"In the UK, you need to be covered by a valid television
licence to use any device (including mobile phones) to watch or
record television programme services as they are being broadcast or
distributed," said a statement from the TV Licensing Authority. “If
there is a valid licence at the address where you normally live,
then you will be covered to use any device powered solely by its
own internal batteries (e.g. a mobile phone) away from that
address. But once any TV receiving equipment (such as a mobile
phone) is plugged into the mains to watch or record TV programme
services, then the place where that equipment is plugged in must be
licensed."
Users of the service could also breach agreements they have made
with broadcasters and TV supply companies. In previous mobile
television trials the broadcaster or content provider has usually
been an active partner in the trial, but with X-Series, users can
watch any television which they receive in their home, including
subscription services such as Sky.
Sky's terms and conditions forbid the use of a service such as
that proposed by 3. "You will not use the Service or any part of it
other than to view the Channels in private for non-commercial
purposes at your Address," say the terms and conditions. Viewing
the services on a phone outside of the address would break that
content.
A spokesman for 3 said that retailers did not have to inform TV
Licensing if a handset capable of receiving television is sold in
the same way that they do for televisions. "Sling Box is included
in the 'TV equipment capable of receiving television programmes',"
said spokesman Ed Brewster, "so this applies to Sling boxes, but
not to 3 handsets."
Sky did not comment before publication.
