238 
(1) greater than the 200 kilobits per second 
standard established in its Section 706 Report (14 
FCC Rec. 2406); and 
(2) consistent with data rates for broadband 
communications services generally available to the 
public on the date of enactment of this Act and there-
after, upon the date of the Commission’s review. 
SEC. 912. PROTECTION OF EMERGENCY COMMUNICATIONS. 
An Internet service provider shall prioritize, to the ex-
tent technically feasible, 911 and E–911 emergency commu-
nications to ensure timely and effective emergency commu-
nications in a manner that is not inconsistent with other 
priority levels needed in times of Federal, State, and local 
emergencies and for other public safety and homeland secu-
rity needs or requirements. 
SEC. 913. DEFINITIONS. 
In this title: 
(1) INTERNET
SERVICE.—The term ‘‘Internet 
service’’ means any service that provides access to the 
public Internet directly to the public. 
(2) SUBSCRIBER.—The term ‘‘subscriber’’ means 
a retail end user that purchases Internet service. 
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239 
TITLE X—MISCELLANEOUS 
SEC. 1001. COMMISSIONER PARTICIPATION IN FORUMS AND 
MEETINGS. 
(a) IN GENERAL.—Section 5 (47 U.S.C. 155) is 
amended by adding at the end the following: 
‘‘(f) MEETINGS.— 
‘‘(1) ATTENDANCE REQUIRED.—Notwithstanding 
552b of title 5, United States Code, and section 4(h) 
of this Act, the Commission may conduct a meeting 
that is not open to the public if the meeting is at-
tended by— 
‘‘(A) all members of the Commission; or 
‘‘(B) at least 1 member of the political 
party whose members are in the minority. 
‘‘(2) VOTING
PROHIBITED.—The Commission 
may not vote or make any final decision on any mat-
ter pending before it in a meeting that is not open 
to the public, unless— 
‘‘(A) 
otherwise 
authorized 
by 
section 
552b(b) of title 5, United States Code; or 
‘‘(B) the Commission has moved its oper-
ations outside Washington, D.C., pursuant to a 
Continuity of Operations Plan. 
‘‘(3) PUBLICATION OF SUMMARY.—If the Com-
mission conducts a meeting that is not open to the 
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240 
public under this section, the Commission shall 
promptly publish an executive summary describing 
the matters discussed at that meeting after the meet-
ing ends, except for such matters as the Commission 
determines may be withheld under section 552b(c) of 
title 5, United States Code. This paragraph does not 
apply to a meeting described in paragraph (4). 
‘‘(4) QUORUM
UNNECESSARY
FOR
CERTAIN 
MEETINGS.—Neither section 552b of title 5, United 
States Code, nor paragraph (1) of this subsection ap-
plies to— 
‘‘(A) a meeting of 3 or more members of the 
Commission with the President, any person em-
ployed by the Office of the President, any official 
of a Federal, State, or local agency, a Member of 
Congress or his staff; 
‘‘(B) the attendance, by 3 or more members 
of the Commission, at a forum or conference to 
discuss general communications issues; or 
‘‘(C) a meeting of 3 or more members of the 
Commission when the Continuity of Operations 
Plan is in effect and the Commission is oper-
ating under the terms of that Plan. 
‘‘(5) SAVINGS
CLAUSE.—Nothing in this sub-
section shall be construed to prohibit the Commission 
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