Sunshine Act; Notice of Meeting, 59299 [2010-24228]

Download as PDF Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Notices SECURITIES AND EXCHANGE COMMISSION Sunshine Act; Notice of Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, that the Securities and Exchange Commission will hold a Closed Meeting on Wednesday, September 29, 2010 at 10:30 a.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters also may be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting. Commissioner Casey, as duty officer, voted to consider the items listed for the Closed Meeting in a closed session. The subject matter of the Closed Meeting scheduled for Wednesday, September 29, 2010 will be: institution and settlement of injunctive actions; institution and settlement of administrative proceedings; and other matters relating to enforcement proceedings. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551–5400. Dated: September 23, 2010. Elizabeth M. Murphy, Secretary. Commission (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a proposed rule change to amend its Price List to reflect fees charged for co-location services. The proposed rule change was published for comment in the Federal Register on August 20, 2010.3 The Commission received no comment letters on the proposal. This order approves the proposed rule change. In its proposal, Amex proposed to amend its Price List to identify fees pertaining to co-location services, which allow Users 4 of the Exchange to rent space on premises controlled by the Exchange so that they may locate their electronic servers in close physical proximity to the Exchange’s trading and execution systems. Amex represented that it planned to begin operating a data center in Mahwah, New Jersey, from which it will offer co-location services. The Exchange represented that it will offer space at the data center in cabinets with power usage capability of either four or eight kilowatts (kW).5 In addition, the Exchange stated that it will offer Users services related to colocation, including cross connections, equipment and cable installation, and remote ‘‘hot-hands’’ services, which allow Users to use on-site data center personnel to maintain User equipment. The Exchange proposed tiered colocation fees based on the level of service (1Gb circuit, 10Gb circuit and various bundled options), and additional fees for related services. Amex represented that Users that receive co-location services from the Exchange will not receive any means of access to the Exchange’s trading and execution systems that is separate from or superior to that of Users that do not receive co-location services. The Exchange noted that all orders sent to Amex enter the Exchange’s trading and execution systems through the same [FR Doc. 2010–24228 Filed 9–23–10; 11:15 am] 1 15 BILLING CODE 8010–01–P U.S.C. 78s(b)(1). CFR 240.19b–4. 3 See Securities Exchange Act Release No. 62731 (Aug. 16, 2010), 75 FR 51512 (‘‘Notice’’). 4 For the purposes of this filing, the term ‘‘Users’’ includes any ‘‘member organization,’’ as that term is defined in NYSE Amex Equities Rule 2(b) and any ‘‘Sponsored Participant,’’ as that term is defined in NYSE Amex Equities Rule 123B.30(a)(ii)(B). 5 The Exchange represented that it also allows Users, for a monthly fee (i.e., 40% of the applicable monthly per kW fee), to obtain an option for future use on available, unused cabinet space in proximity to their existing cabinet space. Specifically, Users may reserve cabinet space of up to 30% of the cabinet space under contract, which the Exchange will endeavor to provide as close as reasonably possible to the User’s existing cabinet space, taking into consideration power availability within segments of the data center and the overall efficiency of use of data center resources as determined by the Exchange. 2 17 SECURITIES AND EXCHANGE COMMISSION srobinson on DSKHWCL6B1PROD with NOTICES [Release No. 34–62961; File No. SR– NYSEAmex–2010–80] Self-Regulatory Organizations; NYSE Amex LLC; Order Approving a Proposed Rule Change Amending Its Price List To Reflect Fees Charged for Co-Location Services September 21, 2010. On August 4, 2010, NYSE Amex LLC (‘‘Amex’’ or the ‘‘Exchange’’) filed with the Securities and Exchange VerDate Mar<15>2010 17:01 Sep 24, 2010 Jkt 220001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 59299 order gateway regardless of whether the sender is co-located in the Exchange’s data center or not. Furthermore, Amex noted that co-located Users do not receive any market data or data service product that is not available to all Users. Users that receive co-location services normally would expect reduced latencies in sending orders to the Exchange and receiving market data from the Exchange. In addition, the Exchange represented that co-located Users have the option of obtaining access to the Exchange’s Liquidity Center Network (‘‘LCN’’), a local area network available in the data center.6 Co-located Users have the option of using either the LCN or the Exchange’s Secure Financial Transaction Infrastructure (‘‘SFTI’’) network, to which all Users have access. Because it operates as a local area network within the data center, the LCN provides reduced latencies in comparison with SFTI. Other than the reduced latencies, the Exchange believes that there are no material differences in terms of access to the Exchange between Users that choose to co-locate and those that do not. According to Amex, SFTI and LCN both provide Users with access to the Exchange’s trading and execution systems and to the Exchange’s proprietary market data products. User access to non-proprietary market data products is available through SFTI and not through LCN. Amex represented that it offers colocation space based on availability and the Exchange believes that it has sufficient space in the Mahwah data center to accommodate current demand on an equitable basis for the foreseeable future. In addition, the Exchange believes that any difference among the positions of the cabinets within the data center does not create any material difference to co-location Users in terms of access to the Exchange. After careful review, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange.7 In particular, the Commission finds that the proposed rule change is consistent with Section 6 Amex represented that pricing for LCN access is provided on a stand-alone basis and on a bundled basis in combination with SFTI connections and optic connections to outside access centers and within the data center. The SFTI and optic connections are not related to the co-location services. 7 In approving this proposal, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). E:\FR\FM\27SEN1.SGM 27SEN1

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[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Notices]
[Page 59299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24228]



[[Page 59299]]

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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act; Notice of Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold a Closed Meeting on Wednesday, 
September 29, 2010 at 10:30 a.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meeting. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the 
scheduled matters at the Closed Meeting.
    Commissioner Casey, as duty officer, voted to consider the items 
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Wednesday, 
September 29, 2010 will be:

    institution and settlement of injunctive actions; institution 
and settlement of administrative proceedings; and other matters 
relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact:
    The Office of the Secretary at (202) 551-5400.

    Dated: September 23, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-24228 Filed 9-23-10; 11:15 am]
BILLING CODE 8010-01-P
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