Self-Regulatory Organizations; International Securities Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Establishing Fees for Historical Options Tick Market Data, 6803-6804 [E6-1759]
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Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on February
• Send paper comments in triplicate
1, 2006, the International Securities
to Nancy M. Morris, Secretary,
Exchange, Inc. (‘‘ISE’’ or ‘‘Exchange’’)
Securities and Exchange Commission,
filed with the Securities and Exchange
100 F Street, NE., Washington, DC
Commission (‘‘Commission’’) the
20549–1090.
proposed rule change as described in
All submissions should refer to File
Items I, II and III below, which Items
Number SR–ISE–2006–08. This file
have been prepared by the ISE. The ISE
number should be included on the
subject line if e-mail is used. To help the has designated this proposal as one
Commission process and review your
establishing or changing a due, fee, or
comments more efficiently, please use
other charge imposed by a selfonly one method. The Commission will regulatory organization pursuant to
post all comments on the Commission’s Section 19(b)(3)(A)(ii) of the Act 3 and
Internet Web site (https://www.sec.gov/
Rule 19b–4(f)(2) thereunder,4 which
rules/sro.shtml). Copies of the
renders the proposal effective upon
submission, all subsequent
filing with the Commission. The
amendments, all written statements
Commission is publishing this notice to
with respect to the proposed rule
solicit comments on the proposed rule
change that are filed with the
change from interested persons.
Commission, and all written
I. Self-Regulatory Organization’s
communications relating to the
Statement of the Terms of Substance of
proposed rule change between the
Commission and any person, other than the Proposed Rule Change
those that may be withheld from the
The ISE is proposing to amend its
public in accordance with the
Schedule of Fees to establish fees for
provisions of 5 U.S.C. 552, will be
historical options tick market data.5 The
available for inspection and copying in
text of the proposed rule change is
the Commission’s Public Reference
Room. Copies of such filing also will be available at the Exchange, at the
Commission’s Public Reference Room
available for inspection and copying at
and at the Exchange’s Web site: https://
the ISE. All comments received will be
posted without change; the Commission www.iseoptions.com/legal/
does not edit personal identifying
proposed_rule_changes.asp.
information from submissions. You
II. Self-Regulatory Organization’s
should submit only information that
you wish to make available publicly. All Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
submissions should refer to File
Number SR–ISE–2006–08 and should be Change
submitted on or before February 24,
In its filing with the Commission, the
2006.
ISE included statements concerning the
For the Commission, by the Division of
purpose of, and basis for, the proposed
Market Regulation, pursuant to delegated
rule change and discussed any
10
authority.
comments it received on the proposal.
Nancy M. Morris,
The text of these statements may be
Secretary.
examined at the places specified in Item
[FR Doc. E6–1752 Filed 2–8–06; 8:45 am]
IV below. The Exchange has prepared
BILLING CODE 8010–01–P
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
SECURITIES AND EXCHANGE
Paper Comments
COMMISSION
[Release No. 34–53212; File No. SR–ISE–
2006–07]
cprice-sewell on PROD1PC66 with NOTICES
1 15
Self-Regulatory Organizations;
International Securities Exchange, Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Establishing Fees for
Historical Options Tick Market Data
February 2, 2006.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
10 17
CFR 200.30–3(a)(12).
VerDate Aug<31>2005
13:56 Feb 08, 2006
Jkt 208001
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
5 Historical options tick market data is Options
Price Reporting Authority (‘‘OPRA’’) tick data, a
complete file, tick-by-tick, of all quote and
transaction data of all instruments disseminated by
OPRA during a trading day. OPRA tick data
includes data from all six options exchanges. On
any given trading day, OPRA tick data is publicly
available and may be stored. The OPRA tick data
collected and stored by ISE is neither exclusive nor
proprietary to the Exchange.
2 17
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
6803
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Currently, the ISE creates market data
that consists of options quotes and
orders that are generated by ISE
members and all trades that are
executed on the Exchange. The ISE also
produces a Best Bid/Offer, or ‘‘BBO,’’
with the aggregate size from all
outstanding quotes and orders at the top
price level, or the ‘‘top of the book.’’
This data is formatted according to
OPRA specification and sent to OPRA
for redistribution. OPRA processes ISE
data along with the same data sets from
the other five options exchanges and
creates a National BBO, or ‘‘NBBO,’’
from all six options exchanges.
The ISE also captures the OPRA tick
data 6 and will make it available as an
‘‘end of day’’ file 7 or as a ‘‘historical’’
file 8 for ISE members and non-ISE
members alike. The instant proposed
rule change establishes a fee for ISE
members only. The Exchange has also
filed a separate proposed rule change,
SR–ISE–2006–08,9 to establish fees for
non-ISE members. The proposed fees for
both ISE members and non-ISE
members are the same.
The Exchange conducted extensive
market research to conclude that OPRA
tick data is primarily used by market
participants in the financial services
industry for back-testing trading models,
post-trade analysis, compliance
purposes and analyzing time and sales
information. By this proposed rule
change, and SR–ISE–2006–08,10 both
ISE members and non-ISE members will
have the choice to subscribe to a service
that provides a daily file on an on-going
basis (end of day file), or simply request
6 The Exchange collects this data throughout each
trading day, and by way of this proposed rule
change, intends to market this offering to both ISE
members and the investing public. At the end of
each trading day, the Exchange compresses the data
collected throughout the day and uploads it onto a
server. Once the data is loaded onto the server, it
will then be made available to subscribers.
7 An end of day file refers to OPRA tick data for
a trading day that is distributed prior to the opening
of the next trading day. An end of day file will be
made available to subscribers as soon as practicable
at the end of each trading day on an on-going basis
pursuant to an annual subscription or through an
ad-hoc request.
8 An end of day file that is distributed after the
start of the next trading day is called a historical
file. A historical file will be available to customers
for a pre-determined date range by ad-hoc requests
only.
9 Securities Exchange Act Release No. 53211
(Feburary 2, 2006).
10 See supra, at n.9.
E:\FR\FM\09FEN1.SGM
09FEN1
6804
Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices
data on an ad-hoc basis for a predetermined date range (historical file).
2. Statutory Basis
The ISE believes basis under the Act
for this proposed rule change is the
requirement under Section 6(b)(4) 11
that an exchange have an equitable
allocation of reasonable dues, fees and
other charges among its members and
other persons using its facilities. The
Exchange developed and conducted a
comprehensive survey of a cross-section
of participants in the financial services
industry regarding their level of interest
in a number of market data offerings.
Based on the results of that survey, the
Exchange developed a business plan to
create and offer a number of market data
products targeted to potential user
groups, e.g., individual investors,
institutional investors, broker-dealers,
etc. The Exchange also retained a
consultant to validate the business plan
and to provide advice on the structure
and amount of fees to charge for these
products. Based on all of this
information, the Exchange established a
pricing structure for historical options
tick data that is based on both a
subscription and a non-subscription
basis. With an annual subscription, ISE
members pay a flat monthly fee to
subscribe to a daily file of OPRA tick
data. Alternatively, ISE members that
want a limited amount of data and do
not want an annual subscription have
the ability to submit ad-hoc requests for
the limited amount of data that they
require based on daily periods. Under
the ad-hoc structure, ISE members pay
a fixed amount per day plus a
processing fee for the hardware and
shipping costs associated with these
requests. Further, the Exchange believes
that these pricing levels for the
proposed market data offering provide
ISE members with an ability to choose
a plan that best suits their needs. The
Exchange believes the proposed rule
filing provides market participants with
an opportunity to obtain historical
options tick data in furtherance of their
investment decisions.
cprice-sewell on PROD1PC66 with NOTICES
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange believes that the
proposed rule change will not impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received comments on the proposed
rule change. The ISE has not received
any unsolicited written comments from
members or other interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change
has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act,12 and
paragraph (f)(2) of Rule 19b–4
thereunder 13 because it establishes or
changes a due, fee, or other charge. At
any time within 60-days of the filing of
the proposed rule change, the
Commission may summarily abrogate
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–ISE–2006–07 on the subject
line.
U.S.C. 78s(b)(3)(A)(ii).
13 17 CFR 240.19b–4(f)(2).
U.S.C. 78f(b)(4).
VerDate Aug<31>2005
13:56 Feb 08, 2006
Jkt 208001
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.14
Nancy M. Morris,
Secretary.
[FR Doc. E6–1759 Filed 2–8–06; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–53208; File No. SR–NYSE–
2005–74]
Self-Regulatory Organizations; New
York Stock Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change and
Amendment No. 1 Thereto Relating to
an Interpretation of Exchange Rule
108(a)
February 2, 2006.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
Paper Comments
notice is hereby given that on December
• Send paper comments in triplicate
13, 2005, the New York Stock Exchange,
to Nancy M. Morris, Secretary,
Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with
Securities and Exchange Commission,
the Securities and Exchange
100 F Street, NE., Washington, DC
Commission (‘‘SEC’’ or ‘‘Commission’’)
20549–1090.
the proposed rule change as described
All submissions should refer to File
in Items I, II, and III below, which Items
Number SR–ISE–2006–07. This file
have been prepared by the NYSE. On
number should be included on the
January 31, 2006, NYSE filed
subject line if e-mail is used. To help the Amendment No. 1 to the proposed rule
Commission process and review your
change.3 NYSE has designated the
comments more efficiently, please use
proposed rule change as constituting a
only one method. The Commission will
post all comments on the Commission’s
14 17 CFR 200.30–3(a)(12).
Internet Web site (https://www.sec.gov/
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
rules/sro.shtml). Copies of the
3 See Partial Amendment dated January 31, 2006
submission, all subsequent
(‘‘Amendment No. 1’’). In Amendment No. 1, the
amendments, all written statements
Exchange added additional discussion regarding the
with respect to the proposed rule
history of NYSE Rule 108 to its Statement on
12 15
11 15
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room. Copies of such filing also will be
available for inspection and copying at
the ISE. All comments received will be
posted without change; the Commission
does not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–ISE–2006–07 and should be
submitted on or before March 2, 2006.
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
Comments on the Proposed Rule Change Received
from Members, Participants or Others (Item 5 of
Form 19b–4).
E:\FR\FM\09FEN1.SGM
09FEN1
]]>Agencies
[Federal Register Volume 71, Number 27 (Thursday, February 9, 2006)]
[Notices]
[Pages 6803-6804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1759]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-53212; File No. SR-ISE-2006-07]
Self-Regulatory Organizations; International Securities Exchange,
Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Establishing Fees for Historical Options Tick Market Data
February 2, 2006.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 1, 2006, the International Securities Exchange, Inc.
(``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared by the ISE.
The ISE has designated this proposal as one establishing or changing a
due, fee, or other charge imposed by a self-regulatory organization
pursuant to Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(ii).
\4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The ISE is proposing to amend its Schedule of Fees to establish
fees for historical options tick market data.\5\ The text of the
proposed rule change is available at the Exchange, at the Commission's
Public Reference Room and at the Exchange's Web site: https://
www.iseoptions.com/legal/proposed_rule_changes.asp.
---------------------------------------------------------------------------
\5\ Historical options tick market data is Options Price
Reporting Authority (``OPRA'') tick data, a complete file, tick-by-
tick, of all quote and transaction data of all instruments
disseminated by OPRA during a trading day. OPRA tick data includes
data from all six options exchanges. On any given trading day, OPRA
tick data is publicly available and may be stored. The OPRA tick
data collected and stored by ISE is neither exclusive nor
proprietary to the Exchange.
---------------------------------------------------------------------------
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the ISE included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposal. The text of these
statements may be examined at the places specified in Item IV below.
The Exchange has prepared summaries, set forth in Sections A, B, and C
below, of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
Currently, the ISE creates market data that consists of options
quotes and orders that are generated by ISE members and all trades that
are executed on the Exchange. The ISE also produces a Best Bid/Offer,
or ``BBO,'' with the aggregate size from all outstanding quotes and
orders at the top price level, or the ``top of the book.'' This data is
formatted according to OPRA specification and sent to OPRA for
redistribution. OPRA processes ISE data along with the same data sets
from the other five options exchanges and creates a National BBO, or
``NBBO,'' from all six options exchanges.
The ISE also captures the OPRA tick data \6\ and will make it
available as an ``end of day'' file \7\ or as a ``historical'' file \8\
for ISE members and non-ISE members alike. The instant proposed rule
change establishes a fee for ISE members only. The Exchange has also
filed a separate proposed rule change, SR-ISE-2006-08,\9\ to establish
fees for non-ISE members. The proposed fees for both ISE members and
non-ISE members are the same.
---------------------------------------------------------------------------
\6\ The Exchange collects this data throughout each trading day,
and by way of this proposed rule change, intends to market this
offering to both ISE members and the investing public. At the end of
each trading day, the Exchange compresses the data collected
throughout the day and uploads it onto a server. Once the data is
loaded onto the server, it will then be made available to
subscribers.
\7\ An end of day file refers to OPRA tick data for a trading
day that is distributed prior to the opening of the next trading
day. An end of day file will be made available to subscribers as
soon as practicable at the end of each trading day on an on-going
basis pursuant to an annual subscription or through an ad-hoc
request.
\8\ An end of day file that is distributed after the start of
the next trading day is called a historical file. A historical file
will be available to customers for a pre-determined date range by
ad-hoc requests only.
\9\ Securities Exchange Act Release No. 53211 (Feburary 2,
2006).
---------------------------------------------------------------------------
The Exchange conducted extensive market research to conclude that
OPRA tick data is primarily used by market participants in the
financial services industry for back-testing trading models, post-trade
analysis, compliance purposes and analyzing time and sales information.
By this proposed rule change, and SR-ISE-2006-08,\10\ both ISE members
and non-ISE members will have the choice to subscribe to a service that
provides a daily file on an on-going basis (end of day file), or simply
request
[[Page 6804]]
data on an ad-hoc basis for a pre-determined date range (historical
file).
---------------------------------------------------------------------------
\10\ See supra, at n.9.
---------------------------------------------------------------------------
2. Statutory Basis
The ISE believes basis under the Act for this proposed rule change
is the requirement under Section 6(b)(4) \11\ that an exchange have an
equitable allocation of reasonable dues, fees and other charges among
its members and other persons using its facilities. The Exchange
developed and conducted a comprehensive survey of a cross-section of
participants in the financial services industry regarding their level
of interest in a number of market data offerings. Based on the results
of that survey, the Exchange developed a business plan to create and
offer a number of market data products targeted to potential user
groups, e.g., individual investors, institutional investors, broker-
dealers, etc. The Exchange also retained a consultant to validate the
business plan and to provide advice on the structure and amount of fees
to charge for these products. Based on all of this information, the
Exchange established a pricing structure for historical options tick
data that is based on both a subscription and a non-subscription basis.
With an annual subscription, ISE members pay a flat monthly fee to
subscribe to a daily file of OPRA tick data. Alternatively, ISE members
that want a limited amount of data and do not want an annual
subscription have the ability to submit ad-hoc requests for the limited
amount of data that they require based on daily periods. Under the ad-
hoc structure, ISE members pay a fixed amount per day plus a processing
fee for the hardware and shipping costs associated with these requests.
Further, the Exchange believes that these pricing levels for the
proposed market data offering provide ISE members with an ability to
choose a plan that best suits their needs. The Exchange believes the
proposed rule filing provides market participants with an opportunity
to obtain historical options tick data in furtherance of their
investment decisions.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange believes that the proposed rule change will not impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received comments on the
proposed rule change. The ISE has not received any unsolicited written
comments from members or other interested parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act,\12\ and paragraph (f)(2) of Rule
19b-4 thereunder \13\ because it establishes or changes a due, fee, or
other charge. At any time within 60-days of the filing of the proposed
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78s(b)(3)(A)(ii).
\13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-ISE-2006-07 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-ISE-2006-07. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the ISE.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-ISE-2006-07
and should be submitted on or before March 2, 2006.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Nancy M. Morris,
Secretary.
[FR Doc. E6-1759 Filed 2-8-06; 8:45 am]
BILLING CODE 8010-01-P
