The services that are to be taken for the purposes of Part 3 of the Communications Act 20031 to be available for reception by members of the public2 include any service3 which:
(1) is made available for reception, or is made available for reception in an intelligible form, only to persons who subscribe to the service (whether for a period or in relation to a particular occasion) or who otherwise request its provision4; but
(2) is a service the facility of subscribing to which, or of otherwise requesting its provision, is offered or made available to members of the
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