Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Prices for Co-Location Services, 67413-67414 [2010-27662]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63188; File No. SR–Phlx–
2010–146]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Modify
Prices for Co-Location Services
October 27, 2010.
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 October
25, 2010, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ 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 Exchange. Pursuant to
Section 19(b)(3)(A)(ii) of the Act 3 and
Rule 19b–4(f)(2) thereunder,4 Phlx has
designated this proposal as establishing
or changing a due, fee, or other charge,
which renders the proposed rule change
effective upon filing. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
hsrobinson on DSK69SOYB1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange is filing with the
Securities and Exchange Commission
(‘‘Commission’’) a proposed rule change
to modify pricing for co-location
services. The text of the proposed rule
change is available at https://
www.nasdaqtrader.com/
micro.aspx?id=PHLXRulefilings, at the
Exchange’s principal office, on the
Commission’s Web site at https://
www.sec.gov, and at the Commission’s
Public Reference Room. The Exchange
will implement the proposed rule
change immediately.
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
1 15
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).
2 17
VerDate Mar<15>2010
18:39 Nov 01, 2010
Jkt 223001
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 is proposing to modify
its fee schedule 5 for co-location
services.6 These modifications are
summarized below:
First, as a result of the entry of the
Direct Edge and BATS Y exchanges into
the public market and the availability of
other data feeds, the Exchange is
implementing and modifying its
telecommunications installation and
connectivity fees to accommodate these
data linkages for co-located customers.
The new fees are: (1) $125 per-month
fee for connectivity to the Arca Best Bid
and Offer feed; (2) a $1,500 per-month
fee for connectivity to the new BATS Y
exchange; and (3) a one-time fee of
$1000 for the installation of
telecommunications connectivity for the
Direct Edge exchange, along with a permonth fee of $2500 for each of its two
markets, EDGA and EDGX. In
connection with foregoing, the
Exchange notes that its installation fee
for Direct Edge is equal to that currently
charged for installation of SIAC, CME,7
and BATS connectivity, and that the
monthly rates proposed are based on the
anticipated bandwidth needed to
accommodate a particular fee and are
similar to connectivity fees imposed by
other vendors.8
Next, to provide additional flexibility
for customers to select only the
equipment they need, the Exchange
proposes to separate its current
combined $1750 installation fee for
cooling fans and perforated tiles into
separate fees of $1,500 for the fans and
$250 for the tiles.
Further, in the area of providing
internet bandwidth to users, the
Exchange, responding to decreased
demand for lower-level bandwidth
options, is eliminating its current 256kb,
500kb, and1.5Mb options and replacing
them with new 3Mb, 4Mb, and 5Mb
5 This schedule includes modifications made by
SR–Phlx–2010–144, filed with the Commission on
October 14, 2010.
6 Co-location services are a suite of hardware,
power, telecommunication and other ancillary
products and services that allow users to place their
trading and communications equipment in close
physical proximity to the quoting and execution
facilities of the Exchange.
7 The Exchange is also removing from the fee
schedule an incorrect duplicate $1000 installation
fee for CME market data connectivity.
8 Separate fees for market data are charged
independently by individual markets.
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
67413
options priced at $700, $900, and $1,100
per-month respectively.
Finally, the Exchange is offering
various services related to hardware
installation, security and storage
including: A custom installation fee,
which will vary depending upon cost,
for installing customized equipment to
meet individual customer needs; cabinet
caging, a metal security fencing option
to protect customer equipment at a
monthly rate of $3,000, with installation
fees individually determined by the size
and complexity of the equipment to be
caged; and, lastly, a monthly cabinet
equipment storage fee in the amount of
$500. This storage fee differs from the
equipment storage fee of $100 in the
current fee schedule, which relates to
temporary storage of equipment by the
Exchange itself rather than in a
customer controlled cabinet.
As with all the Exchange’ [sic] colocation offerings, use of the above
products and services is completely
voluntary, and all products and services
are available on a non-discriminatory
basis.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,9
in general, and with Section 6(b)(5) of
the Act,10 in particular, in that the
proposal is designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest. In
particular, the filing codifies and makes
transparent uniform fees imposed for
co-location services.
In addition, the Exchange believes
that the proposed rule change is
consistent with the provisions of
Section 6 of the Act,11 in general, and
with Section 6(b)(4) of the Act,12 in
particular, in that it provides for the
equitable allocation of reasonable dues,
fees and other charges among members
and issuers and other persons using any
facility or system which the Exchange
operates or controls. In particular, the
Exchange notes that the use of colocation services is entirely voluntary
9 15
U.S.C. 78f.
U.S.C. 78f(b)(5).
11 15 U.S.C. 78f.
12 15 U.S.C. 78f(b)(4).
10 15
E:\FR\FM\02NON1.SGM
02NON1
67414
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices
and made available on a nondiscriminatory basis.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will result in
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.13 At any time
within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
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. If the Commission
takes such action, the Commission shall
institute proceedings to determine
whether the proposed rule should be
approved or 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, as amended, is consistent with
the Act. Comments may be submitted by
any of the following methods:
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 Web site viewing and
printing 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–Phlx–
2010–146 and should be submitted on
or before November 23, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–27662 Filed 11–1–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
[Release No. 34–63189; File No. SR–
NASDAQ–2010–135]
• 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–Phlx–2010–146 on the
subject line.
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Modify
Prices for Co-Location Services
hsrobinson on DSK69SOYB1PROD with NOTICES
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–Phlx–2010–146. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
October 27, 2010.
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 October
15, 2010, The NASDAQ Stock Market
LLC (‘‘NASDAQ’’ 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
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
13 15
U.S.C. 78s(b)(3)(a)(ii).
VerDate Mar<15>2010
18:39 Nov 01, 2010
Jkt 223001
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
have been prepared by NASDAQ.
Pursuant to Section 19(b)(3)(A)(ii) of the
Act 3 and Rule 19b–4(f)(2) thereunder,4
NASDAQ has designated this proposal
as establishing or changing a due, fee, or
other charge, which renders the
proposed rule change effective upon
filing. 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 the Substance
of the Proposed Rule Change
NASDAQ proposes to change to
modify [sic] pricing for co-location
services NASDAQ will implement the
proposed change immediately [sic]. The
text of the proposed rule change is
available at https://
nasdaq.cchwallstreet.com/, at
NASDAQ’s principal office, on the
Commission’s Web site at https://
www.sec.gov, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
NASDAQ 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.
NASDAQ 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 is proposing to modify
its fee schedule 5 for co-location
services.6 These modifications are
summarized below:
First, as a result of the entry of the
Direct Edge and BATS Y exchanges into
the public market and the availability of
other data feeds, the Exchange is
implementing and modifying its
3 15
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
5 This schedule includes modifications made by
SR–NASDAQ–2010–133, filed with the
Commission on October 14, 2010.
6 Co-location services are a suite of hardware,
power, telecommunication and other ancillary
products and services that allow users to place their
trading and communications equipment in close
physical proximity to the quoting and execution
facilities of the Exchange.
4 17
E:\FR\FM\02NON1.SGM
02NON1
]]>Agencies
[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Notices]
[Pages 67413-67414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27662]
[[Page 67413]]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63188; File No. SR-Phlx-2010-146]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Modify
Prices for Co-Location Services
October 27, 2010.
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 October 25, 2010, NASDAQ OMX PHLX LLC (``Phlx'' 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 Exchange. Pursuant to Section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ Phlx
has designated this proposal as establishing or changing a due, fee, or
other charge, which renders the proposed rule change effective upon
filing. 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 the
Substance of the Proposed Rule Change
The Exchange is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to modify pricing for co-
location services. The text of the proposed rule change is available at
https://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings, at the
Exchange's principal office, on the Commission's Web site at https://www.sec.gov, and at the Commission's Public Reference Room. The
Exchange will implement the proposed rule change immediately.
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
The Exchange is proposing to modify its fee schedule \5\ for co-
location services.\6\ These modifications are summarized below:
---------------------------------------------------------------------------
\5\ This schedule includes modifications made by SR-Phlx-2010-
144, filed with the Commission on October 14, 2010.
\6\ Co-location services are a suite of hardware, power,
telecommunication and other ancillary products and services that
allow users to place their trading and communications equipment in
close physical proximity to the quoting and execution facilities of
the Exchange.
---------------------------------------------------------------------------
First, as a result of the entry of the Direct Edge and BATS Y
exchanges into the public market and the availability of other data
feeds, the Exchange is implementing and modifying its
telecommunications installation and connectivity fees to accommodate
these data linkages for co-located customers. The new fees are: (1)
$125 per-month fee for connectivity to the Arca Best Bid and Offer
feed; (2) a $1,500 per-month fee for connectivity to the new BATS Y
exchange; and (3) a one-time fee of $1000 for the installation of
telecommunications connectivity for the Direct Edge exchange, along
with a per-month fee of $2500 for each of its two markets, EDGA and
EDGX. In connection with foregoing, the Exchange notes that its
installation fee for Direct Edge is equal to that currently charged for
installation of SIAC, CME,\7\ and BATS connectivity, and that the
monthly rates proposed are based on the anticipated bandwidth needed to
accommodate a particular fee and are similar to connectivity fees
imposed by other vendors.\8\
---------------------------------------------------------------------------
\7\ The Exchange is also removing from the fee schedule an
incorrect duplicate $1000 installation fee for CME market data
connectivity.
\8\ Separate fees for market data are charged independently by
individual markets.
---------------------------------------------------------------------------
Next, to provide additional flexibility for customers to select
only the equipment they need, the Exchange proposes to separate its
current combined $1750 installation fee for cooling fans and perforated
tiles into separate fees of $1,500 for the fans and $250 for the tiles.
Further, in the area of providing internet bandwidth to users, the
Exchange, responding to decreased demand for lower-level bandwidth
options, is eliminating its current 256kb, 500kb, and1.5Mb options and
replacing them with new 3Mb, 4Mb, and 5Mb options priced at $700, $900,
and $1,100 per-month respectively.
Finally, the Exchange is offering various services related to
hardware installation, security and storage including: A custom
installation fee, which will vary depending upon cost, for installing
customized equipment to meet individual customer needs; cabinet caging,
a metal security fencing option to protect customer equipment at a
monthly rate of $3,000, with installation fees individually determined
by the size and complexity of the equipment to be caged; and, lastly, a
monthly cabinet equipment storage fee in the amount of $500. This
storage fee differs from the equipment storage fee of $100 in the
current fee schedule, which relates to temporary storage of equipment
by the Exchange itself rather than in a customer controlled cabinet.
As with all the Exchange' [sic] co-location offerings, use of the
above products and services is completely voluntary, and all products
and services are available on a non-discriminatory basis.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\9\ in general, and with
Section 6(b)(5) of the Act,\10\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. In
particular, the filing codifies and makes transparent uniform fees
imposed for co-location services.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78f.
\10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
In addition, the Exchange believes that the proposed rule change is
consistent with the provisions of Section 6 of the Act,\11\ in general,
and with Section 6(b)(4) of the Act,\12\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which the Exchange operates or controls. In
particular, the Exchange notes that the use of co-location services is
entirely voluntary
[[Page 67414]]
and made available on a non-discriminatory basis.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78f.
\12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\13\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend 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. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------
\13\ 15 U.S.C. 78s(b)(3)(a)(ii).
---------------------------------------------------------------------------
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-Phlx-2010-146 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-Phlx-2010-146. 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 Web site viewing and
printing 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-Phlx-2010-146 and should be
submitted on or before November 23, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-27662 Filed 11-1-10; 8:45 am]
BILLING CODE 8011-01-P
