Use Smartphone as MP3/Video Player

[jjsbasmt]

I have upgraded my Smartphone to a bigger faster model. Can I still use the old one to play mp3/wma files and watch videos on it and perhaps listen to Sirius/XM on it thru my home WiFi? Yes, I know I can, but my question really revolves around the fact that once I turn and leave it on will Verizon my carrier think I'm trying to do something illegal with it since the system will detect two phones running at the same time with the same phone number? I realize that only one ESN will be accepted by the network, but will any other issues arise?