(1) This section sets out the circumstances in which an internet carriage service is taken, for the purposes of section 19, to be supplied to the public.
(2) If:
(a) an internet carriage service is used for the carriage of material between 2 end - users; and
(b) each end - user is outside the immediate circle of the supplier of the service;
the service is supplied to the public.
Note: If a company makes internet material available for access on the internet, and an individual obtains access to the material using an internet carriage service, the company and the individual are end - users in relation to the carriage of the material by the internet carriage service.
(3) If:
(a) an internet carriage service is used to supply point - to - multipoint services to end - users; and
(b) at least one end - user is outside the immediate circle of the supplier of the service;
the service is supplied to the public.