287. Meaning of 'available for reception by members of the public'.

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.  

    (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.  

    (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