Curriculum Vitae – E. Barlow Keener, JD, MA, CIPP

PROFESSIONAL SUMMARY Over 30 years of Internet, privacy, telecommunications, and spectrum law experience. Earned a CIPP/US – IAPP. Provides consulting for in-depth regulatory issues, FCC-related Internet matters, mobile litigation, spectrum valuation, satellite spectrum regulatory matters, terrestrial radio technologies, small cell technologies, long-haul fiber networks, mobile network operator matters, and data center issues. Provides consulting related to mobile mergers, financial analysis related to spectrum, and privacy regulation.

PROJECTS

Cybersecurity & Privacy § CIPP - Certified Information Privacy Professional (IAPP exam certified) § Provided advice on cybersecurity, privacy, NPAC, CPNI, E911, CALEA, and CAN-SPAM § HIPAA, HITECH, state privacy, breach notice, and state and federal privacy policy § Advise on WISPs (Written Information Security Plan) and WISP implementation § Provided advice on corporate phishing incident, security assessments, and cybersecurity

Government expert witness and consulting projects § Provided mobile wireless industry consulting to the U.S. Department of Justice Antitrust Division regarding the Sprint and T-Mobile merger § Provided consulting for regulatory issues involving 3.5 GHz CBRS Wireless Innovation Forum protocol meetings for the Wireless Internet Service Provider Association (WISPA) § Provided consulting for expert witness testimony for the Vermont Department of Public Service and regulatory analysis of fiber providers located in telecom central offices § Provided expert witness testimony for Vermont Department of Public Service related to telecom service standards and consulting for expert witness testimony related to 911 outage § Provided consulting for expert witness testimony for Vermont Department of Public Service regarding the regulation of cable-provided VoIP service § Provided financial consulting for the Commonwealth of Massachusetts for the design of a $125m fiber optic greenfield network connecting 2,300 state, federal, and municipal offices § Transaction counsel for a fiber optic construction firm

Mobile, wireless, and telecom § Provided counsel and facilitated FCC meetings for tethered aerostat antenna provider § Regulatory counsel for mobile carrier seeking interconnection involving FCC rules for VoIP § Handled matter involving satellites using FCC regulation for licensed 2.4 GHz spectrum § Handled licensing transactions for sub-700MHz wireless equipment firm using cognitive broadband radios and tiered sharing, commonly referred to as TV White Spaces § Leadership industry role for sub-700MHz broadband spectrum database radio systems § Made numerous industry presentations regarding FCC regulations to executives § Industry law presentations for municipal Wi-Fi networks, fiber networks, and small cells § Developed telecom collocation and access transactions for national conference calling client § Conducted analysis of 72 data centers in the over 3-year period and developed regulatory analysis of Internet peering exchange, CALEA, and data centers located in NFL cities

535 Fifth Avenue, 4th Floor, New York, NY 10017 ▲ +1.212.433-4805 ▲ [email protected]

EXPERIENCE

SUMMIT RIDGE GROUP, LLC, Boston, MA 2018 - Present Managing Director. Provides Summit Ridge clients with expert knowledge of valuation, legal and regulatory matters involving mobile, wireless, and wireline industry and technologies. Provides privacy and cybersecurity consulting. Projects include investment analysis for institutional investors, transaction support for companies, and litigation support and expert witness testimony for major law firms and government agencies.

BOSTON UNIVERSITY, QUESTROM SCHOOL OF BUSINESS 2019 - Present Adjunct Lecturer, Privacy and Internet Law. Teach annual undergraduate course covering privacy, cybersecurity, mobile and Internet law. Areas include FTC, state privacy law, HIPAA, FERPA, TSR, GDPR, CCPA, COPPA, TCPA, Network Neutrality, telecommunications law, and Internet regulatory history.

KEENER LAW GROUP, Boston, MA 2006 - 2018 Principal. Privacy (CIPP/US certified), cybersecurity, networks, Internet, FCC, VoIP, data centers, wireline, and mobile regulation.

BRAHMACOM, INC., Needham, MA 1999 - 2005 Co-Founder and CEO. Internet CLEC facilities-based service provider startup delivering broadband, voice, and data services. Directed cybersecurity matters, DDOS responses, TSR, CALEA, E911, and data privacy implementation. Handled state and FCC regulatory compliance and integration with state E911 system, CABS billing, CNAM, and NPAC.

CSA, INC., Boston, MA 1996 - 1999 General Counsel. Infomercial video media firm marketing through TV, Internet, and retail stores in the U.S., Asia, and Europe. Handled major FTC investigation and consent agreement. Responsible for patent filings, trademark filings, and patent litigation.

KEENER LAW GROUP, Budapest, Hungary 1993 - 1996 Principal. Handled matters involving airport management and rural telecommunications.

AT&T (formerly BellSouth Telecommunications), Atlanta, GA 1986 - 1993 General Attorney. In-house counsel. Handled wiretap law and wiretap order approvals, customer privacy matters, major network transactions and purchasing, CallerID regulation, E911 legislation, private line competition, state regulatory law, and employment law. Made numerous presentations to executives and senior managers. Awarded Eagle Medal

EDUCATION

EMORY UNIVERSITY SCHOOL OF LAW, Atlanta, GA 1982 - 1985 Juris Doctor 1985 § Co-Editor/Founder, Emory Journal of International Dispute Resolution § Editor, Emory Bankruptcy Journal § President, International Law Society

NORTH CAROLINA CENTRAL UNIVERSITY, Durham, NC 1981 - 1985 Master of Arts - American History Thesis: Comparison of Three U.S. Interventions in Latin America: 1895-1954. The Monroe Doctrine at work.

UNIVERSITY OF THE SOUTH, Sewanee, TN 1976 - 1978 Bachelor of Arts in History - British and European History

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OTHER PROFESSIONAL BACKGROUND Credentials: Admitted to Massachusetts Board of Bar Overseers; Florida Bar Association; Georgia Bar Association; Certified Information Privacy Professional – U.S. (CIPP/US) IAPP exam certification; Member, International Association of Privacy Professionals (IAPP); Candidate, American Society of Appraisers (Completed exam courses: BV 201, BV 202, and BV 301, Intangible assets)

Professional activities: Member, Federal Communications Bar Association (FCBA); Co-Chair, FCBA Wireless Committee, and Member New England FCBA Chapter; Member, American Bar Association, Member, Forum on Communications Law

PERSONAL INTERESTS Completed Boston Marathon (2007, 2008, 2015, 2016, 2017). Brigham & Women’s Hospital Charity Marathon Team, raised $38,000. Co-Founder, Ocean Comeback, Inc. (non-profit encouraging ocean fronting municipalities to create and take ownership of marine sanctuaries). President, Sewanee Alumni Club (University of the South) of New England, 2013-2019. Trinity Church Boston, Stewardship Committee (2014-2018). Eagle Scout. Baptiste Yoga enthusiast. Advisory Board, Hope Collaborative, a non-profit teaching emotional resiliency to intercity students, 2014. Lived in Budapest, Hungary one year. Enjoy cooking and reading books on history, astrophysics, math, and the classics.

SELECTED PUBLICATIONS The Spectrum Handbook 2018, Summit Ridge Group, LLC, Oct. 2018 (392 pages). Co-authored with J. Armand Musey

“The FCC Hacks into Mobile Privacy,” Internet Telephony Magazine, June 2016

“The New, New Spectrum: 3.5GHz,” Internet Telephony Magazine, August 2016

“Will Google’s MVNO Roll Out Unlicensed-LTE in 3.5GHz?” TMCnet, April 2015

“Mobile Cybersecurity: A New Oxymoron,” TMCnet, January 2015

“Will 802.11af WiFi Replace 802.11ac in the Home?” TMCnet, December 2014

“Groundbreaking FCC Action: Fallow Spectrum is Available for Use,” TMCnet, September 2014

“TLPS: Newly Minted FCC Licensed Mobile Satellite Wi-Fi Spectrum,” TMCnet, March. 2014

“White Spaces and the TV Incentive Auction: It is Not Simple,” Internet Telephony, May 2013

“The End of Broadcast TV: Incentive Auctions,” Video World Inside, September 2012

“Recovery for the Telecom Industry,” Politics and Technology TMCnet, February 2009

“Broadband Provisions in the Economic Recovery Bill,” Politics and Technology TMCnet, February 2009

“Will the FCC Shift Direction Under Obama?” VoiceXML Featured Article, TMCnet, January 2009

“Sorting Out the FCC's Debate Over Inter-Carrier Compensation,” Business VoIP, TMCnet, November 2008

“Reregulating Information Services at the FCC: Audio Bridging,” Business VoIP, TMCnet, September 2008

“Andean Common Market Court of Justice,” Emory Journal of International Law, 1987

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INDUSTRY SPEAKING ENGAGEMENTS January 14, 2020, CBRS Alliance Annual Members Meeting, Phoenix. Speaker, “CBRS auction process and valuation issues.” Presented and overview of the upcoming CBRS auction process and valuation issues

December 3, 2019, FCBA CLE Program, Washington, D.C. at Womble Bond Dickinson office. Moderator and organizer, “Exploring the C-band: Policy Perspectives and Predictions.” Panelists included Louis Peraertz, VP of Policy, WISPA; Matt DelNero, Partner, Covington & Burling; Renee Gregory, Willkie Farr & Gallagher

May 19, 2017, MassChallenge PULSE, Boston. Speaker and presentation, “Privacy Law Overview”

August 12, 2014, Dynamic Spectrum Alliance: Super Wi-Fi Summit: The Global Spectrum Sharing and TV White Space Event, Las Vegas. Moderator, Panel: “And a Database to Manage It All.” Panel speakers included: Paul Garnett, Director Technology Policy, Microsoft, and John Malyar, Chief Architect Interconnection Solutions, iConectiv

August 13, 2014, Dynamic Spectrum Alliance: Super Wi-Fi Summit: The Global Spectrum Sharing and TV White Space Event, Las Vegas Panel Moderator, “In the Chips: The Status of Silicon.” Panel speakers: Dean Brenner, Sr. VP, Government Affairs, Qualcomm; Jim Carlson CEO, Carlson Wireless; Gabriel Desjardins, Product Marketing Manager, Broadcom; and Hardik Gandhi, Director System Architectures, Texas Instruments

January 29, 2014, Super Wi-Fi Summit & Shared Spectrum Summit, Miami. Panel Moderator, “LSA and ASA Are Coming. Hold On to That Priority-Based Spectrum License,” Seppo Yrjola, Principal, Nokia Solutions and Networks and John Malyar, Chief Architect Interconnection Solutions, iConectiv. Panel Moderator, “Battle of the Devices.” Panelists included: Toh Keat Beng, Hitachi Kokusai Electric Inc; and Darrin Mylet, VP Business Operations, Adaptrum

August 27, 2013, Super Wi-Fi & Shared Spectrum Summit, Las Vegas. Panel Moderator, “Bring on the New White Space Radios: Battle of the Devices: Show & Tell Round One,” Jim Carlson. CEO, Carlson Wireless, Andy Mancone, Director of Sales and Marketing, KTS Wireless, Darrin Mylet, VP, Adaptrum; and Robert Wu, Ph.D, CEO, 6Harmonics; Panel Speaker, “Legal Gabfest: Spectrum Sharing: TV Incentive Auction, 3.5GHZ, 5GHz,” Steve Coran, Partner, Rini Coran, PC; Bruce D. Jacobs, Partner, Pillsbury Law; Dr. Preston Marshall, Spectrum Access Technology, Google Access; Marty Stern, Partner, K&L Gates LLP

April 23-24, 2013, Wireless Spectrum Research and Development (WSRD) Senior Steering Group of the Federal Government’s Networking and Information Technology Research and Development Program (NITRD), Workshop IV. MIT, Cambridge, MA. Speaker, “Promoting Economic Efficiency in Spectrum Use: The Economic and Policy R&D Agenda.”

February 6, 2013, ITS America, Webinar to ITSA Members. Speaker, “Small Cell Movement and Implications for Public Rights of Way Acquisition”

February 1, 2013, Super WiFi White Spaces Summit: Small Cells, ITExpo, Miami. Speaker and Moderator, “Small Cells: Filling the Void with Spectrum Sharing and Priority Use,” Peter Flynn, Product & Program Manager, Texas Instruments; Dr. Mohammad Shakouri, Chairman, Wimax Forum; Raj Singh, GM, Wireless Broadband Group, Cavium; and Jeff Thompson, President, Towerstream

December 19th, 2012, Crossfire Media, Incentive Auctions: What the Broadcasters Need to Know, Washington, D.C. Moderator, “Legal Perspective: TV Incentive Auction Reverse Auction Process.” Panelists included: Dr. Coleman Bazelon, the Brattle Group; Prof. Thomas Hazlett, George Mason School of Law; Dr. Mark Fratrik, BIA Kelsey

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October 5th, 2012, Super Wi-Fi Summit, Austin. Moderator. panel titled, “Crystal Ball – White Spaces 2018.” Other panelists included: Gregory J. Herman, President –Spectrum Evolution; Marty Stern (Moderator), Partner – K&L Gates LLP; Rick Whitt, Global Head for Public Policy and Government Relations – Motorola Mobility LLC

February 2, 2011, Super Wi-Fi Summit, Miami. Moderated panel: “From WiFi to White Spaces: An Evolution or Not for Future White Spaces Service Providers?” Panelists included: Martin Levetin, Sr. VP, Strix Systems, Jim Carlson, CEO, Carlson Wireless. Greg Williams, Sr. VP, BelAir Networks. Moderated panel: “The New White Spaces Database: ENUM / DNS or Something Completely Different?” Panelists included: John Malyar, Chief Architect, iConectiv, Peter Stanforth, CTO, Spectrum Bridge, Richard Shockey, Chairman, SIP Forum, Jesse Caufield, CEO, Keybridge Global

January 21, 2010, 4G Wireless Evolution Conference, Miami. Panel Speaker, “4G and Femtocells: FemtoCells At Home.” Other panel speakers: Nick Johnson, CTO, IP Access; Richard Brennan, Huawei; and Majid Foodeei, Director Strategic & Technical Marketing, Centillium

October 29, 2009, VoIP and NGN Networks, TMCNet, Chigaco. Panel speaker, “VoIP and NGN Networks,” Panelists included: Ken Zdunek, IIT; Mario DeRango, Motorola; and Mike Khalilian, IMS/NGN Forum

April 8, 2009, MetaSwitch Forum 2009, Las Vegas. Speaker, “Regulatory Update and The Recovery Act”

July 16, 2008, Informa Conference Femtocell Solutions USA Conference, Boston. Presenter, “Regulatory Hurdles for Deployment of Femtocells”

March 7, 2008, Massachusetts Department of Telecom and Cable (DTC), Boston. Staff Educational Lunch Presentation, Speaker, “Femtocell Regulatory and Legal Issues”

February 29, 2008, Mexico EXPO COMM, Mexico City. Panelist, “The next stage of FMC Femtocells.” Panelist included: Javier Romeu, VP Sales Latin America, IP Access, and Deng Donyun, Wireless Director, Huawei.

October 29, 2007, International Multimedia Teleconferencing Consortium (IMTC) Forum General Session, Boston. Content Delivery in a Converging World: Realities and Perspectives. Panel Speaker, “Service Providers' Perspective on Content Delivery”

October 29, 2007, VON Boston, Femtocell Tutorial. Speaker, “Femtocell Regulatory Issues.” Panelists included: Fanny Mlinarsky, President, octoScope; Asa Kalavade, CTO, Tatara Systems

September 7, 2007, Pulvermedia Unified Message Communications Conference, Chicago. Moderator, “FemtoCells What's the impact to the end user?“ Panelists: Russell Cyr, Vice President, CMO, BitWave Semiconductor; Paul Polakos, Director, Wireless Networks Research, Bell Labs, Alcatel-Lucent; Stephen Vincent, VP Telco Sales North America, Thomson Electric; and Sanjeev Verma, VP and Co-Founder, Airvana

LITIGATION SUPPORT EXPERIENCE

Shenandoah Personal Communications, LLC (“Shentel”) v. Sprint Spectrum L.P. Private arbitration (2020) § Matter: Dispute between mobile providers § Role: Presentation of testimony for Shentel in arbitration proceeding § Law Firm: Hunton Andrews Kurth LLP for Shentel § Disposition: Resolved in favor of Shentel

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Petition of the Vermont Department of Public Service for an Investigation into the Service Quality Provided by Telephone Operating Company of Vermont, Inc. d/b/a Consolidated Communications, Inc. Case No. 18-3231-PET (2019) § Matter: Administrative hearing before the Vermont Public Utility Commission regarding ILEC network and customer service quality § Role: Testified before the Vermont Public Utility Commission; prepared and filed testimony related to poor service quality by the incumbent local exchange company in Vermont § Law Firm: Vermont Department of Public Service counsel § Disposition: Order by the Vermont Public Utility Commission

In Re: Cellular Telephone Partnership Litigation; Case Number: C.A. N. 6885 VCL. Delaware Court of Chancery (2019) § Matter: Dispute arising from a buyout of minority partners in specific territories § Role: Assisted Armand Musey, Testifying Expert, in research and drafting expert report § Law Firm: Ajamie LLP, Michael A. Pullara, Esq., Prickett, Jones & Elliott P.A., and Rosenthal Monhait & Goddess, P.A for plaintiffs § Disposition: Ongoing

U.S. Department of Justice (DOJ) T-Mobile/Sprint Merger Review (2018-2019) § Matter: Review of T-Mobile/Sprint merger. § Role: Provided expert financial and industry analysis to support the antitrust review of the T-Mobile/Sprint merger. § Law Firm: U.S. Department of Justice Antitrust Division. § Disposition: Settled prior to trial.

The Vermont Department of Public Service Investigation into regulation of Voice over Internet Protocol Services, Case No. 7316 (2014) § Matter: Administrative hearing before the Vermont Public Utility Commission regarding whether VoIP should be regulated § Role: Research and assisted in preparing testimony with Fred Goldstein in a response to the question by the Vermont Public Utility Commission as to whether PacketCable-VoIP telephone services should be deemed telecommunications services or information services. § Law Firm: Vermont Department of Public Service counsel § Disposition: Order by the Vermont Public Utility Commission favorable to testimony

The Vermont Department of Public Service Petition of CLEC Association of Northern New England, Inc. and its Affected Members for Review of Proposed Wire Center Reclassifications, Case No. 7958 (2013) § Matter: Administrative hearing before the Vermont Public Utility Commission regarding central office reclassifications § Role: Worked with Vermont Public Utility Commission to help determine which of FairPoint’s wire center reclassification requests, under the FCC’s Triennial Review Remand Order guidelines, were valid and which were not. The role was as a neutral expert party; Prepared written affidavit with Fred Goldstein regarding the central offices evaluating evidence provided on the one hand by FairPoint and, in opposition, by the CLEC Association of Northern New England. § Law Firm: Vermont Department of Public Service counsel § Disposition: Order by the Vermont Public Utility Commission

The Vermont Department of Public Petition for an investigation into the adequacy of Telephone Operating Company of Vermont LLC, d/b/a FairPoint Communications, Provision of Service Quality, Case No. 8390 (2015) § Matter: Administrative hearing before the Vermont Public Utility Commission regarding ILEC network and customer service quality § Role: Prepared testimony, filed with Vermont Public Utility Commission, examining the reasons FairPoint was unable to meet, during several reporting periods during the years from 2012 to

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2015, the service quality standards set forth in the Board’s Docket No. 5903, 1999 Service Quality Stipulation, for the percentage of troubles cleared within 24 hours. § Law Firm: Vermont Department of Public Service counsel § Disposition: Order by the Vermont Public Utility Commission

The Vermont Department of Public 8850 Investigation pursuant to 30 V.S.A. § 209 into Telephone Operating Company of Vermont LLC, d/b/a FairPoint Communications, and its network design and Delivery of 911 calls in Vermont § Matter: Administrative hearing before the Vermont Public Utility Commission § Role: Prepared and filed testimony before the Vermont Public Utility Commission which examined the reasons the incumbent local telephone company telecommunications network in Vermont suffered a severe degradation in service to the 911 system in 2016. § Law Firm: Vermont Department of Public Service counsel § Disposition: Order by the Vermont Public Utility Commission

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