Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing of a Proposed Rule Change Relating to ISEE Select Market Data Fees, 40912-40914 [E7-14314]
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40912
Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Notices
among its members and issuers and
other persons using its facilities.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange believes that the
proposed rule change does not impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange 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 4 and Rule 19b–
4(f)(2) thereunder,5 because it
establishes or changes a due, fee, or
other charge imposed by the Exchange.
Accordingly, the proposal will take
effect upon filing with the Commission.
At any time within 60 days of the
filing of such 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:
rwilkins on PROD1PC63 with NOTICES
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–2007–57 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–ISE–2007–57. 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, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of such filing also will be
available for inspection and copying at
the principal office of 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–2007–57 and should be
submitted on or before August 15, 2007.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.6
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–14313 Filed 7–24–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56093; File No. SR–ISE–
2007–58]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing of a Proposed
Rule Change Relating to ISEE Select
Market Data Fees
July 18, 2007.
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 July 6,
2007, the International Securities
Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’)
6 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
4 15
U.S.C. 78s(b)(3)(A)(ii).
5 17 CFR 240.19b–4(f)(2).
VerDate Aug<31>2005
19:31 Jul 24, 2007
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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 substantially prepared by the
Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
ISE proposes to amend its Schedule of
Fees to adopt a subscription fee for an
enhanced sentiment market data
offering. The text of the proposed rule
change is available at the Commission’s
Public Reference Room, at the
Exchange, and at https://www.ise.com.
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
Exchange included statements
concerning the purpose of and basis for
the proposed rule change, and discussed
any comments it received on the
proposed rule change. 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
Pursuant to a filing previously
approved by the Commission, the
Exchange currently sells on a
subscription basis, to both members and
non-members, ISEE SelectTM (‘‘ISEE
Select’’), an enhanced sentiment market
data offering.3 Earlier this year, the
Exchange also adopted a multi-product
discount for the ISEE Select offering.4
ISEE Select is based on the ISE
Sentiment Index, or ISEE, a
calculation that represents an overall
3 See Securities Exchange Act Release Nos. 53532
(March 21, 2006), 71 FR 15501 (March 28, 2006)
(SR–ISE–2005–56) (Notice of Filing of Proposed
Rule Change to Establish Fees for Enhanced
Sentiment Market Data) and 53756 (May 3, 2006),
71 FR 27526 (May 11, 2006) (SR–ISE–2005–56)
(Order Approving Proposed Rule Change to
Establish Fees for Enhanced Sentiment Market
Data) (‘‘Initial Filing’’).
4 See Securities Exchange Act Release No. 55288
(February 13, 2007), 72 FR 8219 (February 23, 2007)
(SR–ISE–2007–09) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change To Establish
Fee Discounts for Enhanced Sentiment Market Data
Offering) (‘‘Subsequent Filing’’).
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Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Notices
rwilkins on PROD1PC63 with NOTICES
view of market sentiment. The ISEE
provides an intra-day picture of how
investors view stock prices by assessing
customers’ option trading activity.
Unlike the traditional put/call ratio
which makes no distinction between
customer, market maker or firm
transactions, the ISEE measures only
opening long customer transactions on
ISE. ISE updates the current ISEE
value hourly during market hours and
posts it for free on its Web site.5
Pursuant to the Initial Filing, ISEE
Select allows subscribers to identify
bullish and bearish investor sentiment
for nearly any issue traded on the
Exchange using the same formula that is
used for the ISEE calculation. Where the
ISEE is a single value for the overall
market sentiment, ISEE Select provides
specific information to allow an end
user to retrieve a sentiment value for an
individual symbol via a user-defined
query tool. In addition to the userdefined query tool, ISE also offers a predefined scanning tool that combs the
market for sentiment levels that meet
pre-defined parameters. ISEE Select
provides sentiment values for particular
indices, industry sectors or individual
stocks and is calculated three times per
hour versus only one time per hour for
the ISEE.
ISEE Select is currently available to
on-line investors on a subscription basis
as follows: (i) 100 user-defined queries
for $11.95 per month; (ii) 200 userdefined queries for $14.95 per month;
(iii) unlimited user-defined queries for
$19.95 per month; and (iv) unlimited
pre-defined queries for $11.95 per
month. ISEE Select is also offered by
third-parties that participate in the
Exchange’s Marketing Alliance
program.6 Customers of participating
third-parties are able to take advantage
of a discounted price for the same four
subscription levels. The discounted
5 https://www.iseoptions.com/marketplace/
statistics/sentiment_index.asp.
6 When the Commission published the Initial
Filing, the Marketing Alliance program was known
as the ISE Broker Marketing Alliance, and
participation in it was limited to broker-dealers.
Following the launch of the ISEE Select market data
offering, and in response to the interest the
Exchange received from many non-broker-dealers
wishing to participate in the Marketing Alliance
program, the Exchange subsequently expanded the
program by eliminating its limitation to only
broker-dealers. See Securities Exchange Act Release
Nos. 54508 (September 26, 2006) 71 FR 58459
(October 3, 2006) (SR–ISE–2006–44) (Notice of
Filing of Proposed Rule Change To Expand the
Broker Marketing Alliance To Include Non-BrokerDealers with Regard to Enhanced Sentiment Market
Data Offering) and 54704 (November 3, 2006), 71 FR
65859 (November 9, 2006) (SR–ISE–2006–44)
(Order Approving Proposed Rule Change To
Expand the Broker Marketing Alliance To Include
Non-Broker-Dealers with Regard To Enhanced
Sentiment Market Data Offering).
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19:31 Jul 24, 2007
Jkt 211001
rates for these subscribers are as follows:
(i) 100 user-defined queries for $9.95
per month; (ii) 200 user-defined queries
for $11.95 per month; (iii) unlimited
user-defined queries for $15.95 per
month; and (iv) unlimited pre-defined
queries for $9.95 per month.
Pursuant to the Subsequent Filing, the
Exchange also offers to both member
and non-member subscribers the
following multi-product discounted
subscription fees: $24.95 per month for
customers who subscribe directly
through ISE to both the unlimited predefined query and either 200 userdefined queries or unlimited userdefined queries; or $19.95 per month for
customers of the Marketing Alliance
program partners that subscribe to both
the unlimited pre-defined query and
either 200 user-defined queries or
unlimited user-defined queries. The
Exchange notes that the multi-product
discounts noted above are a reduction of
the actual subscription fees for the
products to which they apply. If not for
the multi-product discount, for on-line
subscribers, these fees would be (i)
$26.90 per month for subscribers to both
unlimited pre-defined queries and 200
user-defined queries, or (ii) $31.90 per
month for subscribers to both unlimited
pre-defined queries and unlimited userdefined queries. For customers of the
Marketing Alliance program partners, if
not for the multi-product discount,
these fees would be (i) $21.90 per month
for subscribers to both unlimited predefined queries and 200 user-defined
queries, or (ii) $25.90 per month for
subscribers to both unlimited predefined queries and unlimited userdefined queries.
The Exchange now proposes to offer
to both member and non-member
subscribers a data feed that will provide
a bulk delivery of ISEE Select values.
The existing ISEE Select browser
application allows a subscriber to access
ISEE Select values for up to five
securities simultaneously. The current
proposal, on the other hand, will allow
subscribers to access numerous ISEE
Select values simultaneously. The
actual potential number of ISEE Select
values accessible by this proposed data
feed offering can range from one to more
than 1,700.
The ISEE Select data feed will have a
flat rate subscription fee based on a
fixed number of end users that each
subscriber allows to view the data, as
follows: $0.10 per end user, per month,
for a minimum of 10,000 end users;
$0.10 for each additional end user, per
month, up to 74,999 end users, in
increments of 5,000 end users; $0.084
per end user, per month, for
redistribution from 75,000 to 199,999
PO 00000
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end users, in increments of 5,000 end
users; and $0.0825 per end user, per
month, for redistribution to 200,000 or
more end users, in minimum
increments of 5,000 end users. An
example of the monthly subscription fee
for a subscriber with 100,000 end users
is as follows:
Number of users
per
increment
Monthly fee
per user
Monthly
sub-total
10,000 .................
10,001–74,999 ....
75,000–100,000 ..
$.10
.10
.084
$1,000
6,500
2,100
Monthly Total ..
Average Fee per
User .................
......................
9,600
......................
.096
2. Statutory Basis
The basis under the Act for this
proposed rule change is the requirement
under Section 6(b)(4) of the Act,7 that an
exchange have an equitable allocation of
reasonable dues, fees, and other charges
among its members and other persons
using its facilities. In particular, the
proposed rule filing will provide
members and non-members with the
ability to subscribe to a data feed of
ISEE Select values at a flat rate
subscription basis for redistribution to
their customers.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
This proposed rule change does not
impose any burden on competition that
is not necessary or appropriate in
furtherance of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received from
Members, Participants, or Others
The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange 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
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
As the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self-regulatory
organization consents, the Commission
will:
7 15
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U.S.C. 78f(b)(4).
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Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Notices
A. By order approve such proposed
rule change, or
B. Institute proceedings to determine
whether the proposed rule change
should be disapproved.
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
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–14314 Filed 7–24–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56106; File No. SR–ISE–
2007–62]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Relating to a One-Week
Extension for the Price Improvement
Mechanism Pilot Program
Paper Comments
rwilkins on PROD1PC63 with NOTICES
• 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–2007–58 on the subject
line.
July 19, 2007.
• 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–2007–58. 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, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of such filing also will be
available for inspection and copying at
the principal office of the Exchange. 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–2007–58 and should be
submitted on or before August 15, 2007.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on July 18,
2007, the International Securities
Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been substantially prepared by the ISE.
The ISE has designated the proposed
rule change as a ‘‘non-controversial’’
rule change pursuant to Section
19(b)(3)(A) of the Act 3 and Rule 19b–
4(f)(6) thereunder,4 which renders the
proposed rule change effective upon
filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
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19:31 Jul 24, 2007
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I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is proposing to extend
two pilot programs related to its Price
Improvement Mechanism (‘‘PIM’’)
contained in paragraphs .03 and .05 of
the Supplemental Material to Rule 723.
The text of the proposed rule change is
available on ISE’s Web site at https://
www.ise.com, at ISE’s principal office,
and at the Commission’s Public
Reference Room.
PO 00000
8 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6).
1 15
Frm 00090
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Sfmt 4703
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 proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. The ISE 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
The Exchange currently has two pilot
programs related to its PIM.5 The
current pilot period provided in
paragraphs .03 and .05 of the
Supplementary Material to Rule 723 is
set to expire on July 18, 2007.6
Paragraph .03 provides that there is no
minimum size requirement for orders to
be eligible for the Price Improvement
Mechanism. Paragraph .05 concerns the
termination of the exposure period by
unrelated orders. In accordance with the
Approval Order, the Exchange recently
submitted certain data in support of
extending the current pilot programs.
The purpose of this filing is to extend
the pilot programs in their present form
until July 25, 2007, while the
Commission reviews the data and
considers to extend the pilot programs
for an additional one-year period.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,7 in general, and
furthers the objectives of Section 6(b)(5)
of the Act,8 in particular, in that the
proposed rule change is designed to
promote just and equitable principles of
trade, remove impediments to and
perfect the mechanisms of a free and
open market and a national market
system and, in general, to protect
investors and the public interest. Since
the PIM has only been operating for a
relatively short period of time, the
Exchange believes it is appropriate to
5 See Securities Exchange Act Release Nos. 50819
(December 8, 2004), 69 FR 75093 (December 15,
2004) (Approving the PIM Pilot (the ‘‘Approval
Order’’)) and 52027 (July 13, 2005), 70 FR 41804
(July 20, 2005) (extending the PIM pilot until July
18, 2006).
6 See Securities Exchange Act Release No. 54151
(July 14, 2006), 71 FR 41490 (July 21, 2006).
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
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]]>Agencies
[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Notices]
[Pages 40912-40914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14314]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-56093; File No. SR-ISE-2007-58]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of a Proposed Rule Change Relating to ISEE Select
Market Data Fees
July 18, 2007.
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 July 6, 2007, the International Securities Exchange, LLC (``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 substantially prepared by the
Exchange. 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.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
ISE proposes to amend its Schedule of Fees to adopt a subscription
fee for an enhanced sentiment market data offering. The text of the
proposed rule change is available at the Commission's Public Reference
Room, at the Exchange, and at https://www.ise.com.
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 Exchange included statements
concerning the purpose of and basis for the proposed rule change, and
discussed any comments it received on the proposed rule change. 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
Pursuant to a filing previously approved by the Commission, the
Exchange currently sells on a subscription basis, to both members and
non-members, ISEE Select\TM\ (``ISEE Select''), an enhanced sentiment
market data offering.\3\ Earlier this year, the Exchange also adopted a
multi-product discount for the ISEE Select offering.\4\ ISEE Select is
based on the ISE Sentiment Index[reg], or ISEE[reg], a calculation that
represents an overall
[[Page 40913]]
view of market sentiment. The ISEE[reg] provides an intra-day picture
of how investors view stock prices by assessing customers' option
trading activity. Unlike the traditional put/call ratio which makes no
distinction between customer, market maker or firm transactions, the
ISEE[reg] measures only opening long customer transactions on ISE. ISE
updates the current ISEE[reg] value hourly during market hours and
posts it for free on its Web site.\5\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release Nos. 53532 (March 21,
2006), 71 FR 15501 (March 28, 2006) (SR-ISE-2005-56) (Notice of
Filing of Proposed Rule Change to Establish Fees for Enhanced
Sentiment Market Data) and 53756 (May 3, 2006), 71 FR 27526 (May 11,
2006) (SR-ISE-2005-56) (Order Approving Proposed Rule Change to
Establish Fees for Enhanced Sentiment Market Data) (``Initial
Filing'').
\4\ See Securities Exchange Act Release No. 55288 (February 13,
2007), 72 FR 8219 (February 23, 2007) (SR-ISE-2007-09) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To
Establish Fee Discounts for Enhanced Sentiment Market Data Offering)
(``Subsequent Filing'').
\5\ https://www.iseoptions.com/marketplace/statistics/sentiment_
index.asp.
---------------------------------------------------------------------------
Pursuant to the Initial Filing, ISEE Select allows subscribers to
identify bullish and bearish investor sentiment for nearly any issue
traded on the Exchange using the same formula that is used for the ISEE
calculation. Where the ISEE[reg] is a single value for the overall
market sentiment, ISEE Select provides specific information to allow an
end user to retrieve a sentiment value for an individual symbol via a
user-defined query tool. In addition to the user-defined query tool,
ISE also offers a pre-defined scanning tool that combs the market for
sentiment levels that meet pre-defined parameters. ISEE Select provides
sentiment values for particular indices, industry sectors or individual
stocks and is calculated three times per hour versus only one time per
hour for the ISEE[reg].
ISEE Select is currently available to on-line investors on a
subscription basis as follows: (i) 100 user-defined queries for $11.95
per month; (ii) 200 user-defined queries for $14.95 per month; (iii)
unlimited user-defined queries for $19.95 per month; and (iv) unlimited
pre-defined queries for $11.95 per month. ISEE Select is also offered
by third-parties that participate in the Exchange's Marketing Alliance
program.\6\ Customers of participating third-parties are able to take
advantage of a discounted price for the same four subscription levels.
The discounted rates for these subscribers are as follows: (i) 100
user-defined queries for $9.95 per month; (ii) 200 user-defined queries
for $11.95 per month; (iii) unlimited user-defined queries for $15.95
per month; and (iv) unlimited pre-defined queries for $9.95 per month.
---------------------------------------------------------------------------
\6\ When the Commission published the Initial Filing, the
Marketing Alliance program was known as the ISE Broker Marketing
Alliance, and participation in it was limited to broker-dealers.
Following the launch of the ISEE Select market data offering, and in
response to the interest the Exchange received from many non-broker-
dealers wishing to participate in the Marketing Alliance program,
the Exchange subsequently expanded the program by eliminating its
limitation to only broker-dealers. See Securities Exchange Act
Release Nos. 54508 (September 26, 2006) 71 FR 58459 (October 3,
2006) (SR-ISE-2006-44) (Notice of Filing of Proposed Rule Change To
Expand the Broker Marketing Alliance To Include Non-Broker-Dealers
with Regard to Enhanced Sentiment Market Data Offering) and 54704
(November 3, 2006), 71 FR 65859 (November 9, 2006) (SR-ISE-2006-44)
(Order Approving Proposed Rule Change To Expand the Broker Marketing
Alliance To Include Non-Broker-Dealers with Regard To Enhanced
Sentiment Market Data Offering).
---------------------------------------------------------------------------
Pursuant to the Subsequent Filing, the Exchange also offers to both
member and non-member subscribers the following multi-product
discounted subscription fees: $24.95 per month for customers who
subscribe directly through ISE to both the unlimited pre-defined query
and either 200 user-defined queries or unlimited user-defined queries;
or $19.95 per month for customers of the Marketing Alliance program
partners that subscribe to both the unlimited pre-defined query and
either 200 user-defined queries or unlimited user-defined queries. The
Exchange notes that the multi-product discounts noted above are a
reduction of the actual subscription fees for the products to which
they apply. If not for the multi-product discount, for on-line
subscribers, these fees would be (i) $26.90 per month for subscribers
to both unlimited pre-defined queries and 200 user-defined queries, or
(ii) $31.90 per month for subscribers to both unlimited pre-defined
queries and unlimited user-defined queries. For customers of the
Marketing Alliance program partners, if not for the multi-product
discount, these fees would be (i) $21.90 per month for subscribers to
both unlimited pre-defined queries and 200 user-defined queries, or
(ii) $25.90 per month for subscribers to both unlimited pre-defined
queries and unlimited user-defined queries.
The Exchange now proposes to offer to both member and non-member
subscribers a data feed that will provide a bulk delivery of ISEE
Select values. The existing ISEE Select browser application allows a
subscriber to access ISEE Select values for up to five securities
simultaneously. The current proposal, on the other hand, will allow
subscribers to access numerous ISEE Select values simultaneously. The
actual potential number of ISEE Select values accessible by this
proposed data feed offering can range from one to more than 1,700.
The ISEE Select data feed will have a flat rate subscription fee
based on a fixed number of end users that each subscriber allows to
view the data, as follows: $0.10 per end user, per month, for a minimum
of 10,000 end users; $0.10 for each additional end user, per month, up
to 74,999 end users, in increments of 5,000 end users; $0.084 per end
user, per month, for redistribution from 75,000 to 199,999 end users,
in increments of 5,000 end users; and $0.0825 per end user, per month,
for redistribution to 200,000 or more end users, in minimum increments
of 5,000 end users. An example of the monthly subscription fee for a
subscriber with 100,000 end users is as follows:
------------------------------------------------------------------------
Monthly fee Monthly
Number of users per increment per user sub-total
------------------------------------------------------------------------
10,000......................................... $.10 $1,000
10,001-74,999.................................. .10 6,500
75,000-100,000................................. .084 2,100
------------------------
Monthly Total................................ ............ 9,600
Average Fee per User........................... ............ .096
------------------------------------------------------------------------
2. Statutory Basis
The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(4) of the Act,\7\ that an exchange have
an equitable allocation of reasonable dues, fees, and other charges
among its members and other persons using its facilities. In
particular, the proposed rule filing will provide members and non-
members with the ability to subscribe to a data feed of ISEE Select
values at a flat rate subscription basis for redistribution to their
customers.
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\7\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition
This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received from Members, Participants, or Others
The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange 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
Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) As the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
[[Page 40914]]
A. By order approve such proposed rule change, or
B. Institute proceedings to determine whether the proposed rule
change should be disapproved.
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-2007-58 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-2007-58. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. 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-2007-58 and should be
submitted on or before August 15, 2007.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-14314 Filed 7-24-07; 8:45 am]
BILLING CODE 8010-01-P
