Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fee Schedule Regarding Co-Location Fees for Additional Power and Cable Options, 38444-38446 [2011-16433]
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38444
Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64741; File No. SR–Phlx2011–65]
[Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Order
Granting Approval of Proposed Rule
Change Regarding Opening Index
Option Months and Series
June 24, 2011.
I. Introduction
On May 6, 2011, NASDAQ OMX
PHLX LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
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 regarding opening index
option months and series. The proposed
rule change was published for comment
in the Federal Register on May 18,
2011.3 The Commission received no
comment letters on the proposal. This
order approves the proposed rule
change.
II. Description of the Proposal
The proposal seeks to harmonize the
Exchange’s index option and equity
option listing rules that govern the
opening for trading of series and
expiration months for approved options
classes. The Exchange proposes to
eliminate prescriptive guidelines stating
which expiration months may be listed
and replace them with simplified rules
stating that the Exchange shall open a
minimum of one expiration month and
series for each class of approved stock
index options, and that the Exchange
may open additional series as needed
(subject to certain conditions). The
proposed rules are substantially
identical to the rules in place for the
listing of expiration months and series
in stock or exchange-traded-fund
(‘‘ETF’’) options.4
III. Discussion
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.5 Specifically, the
Commission finds that the proposal is
consistent with Section 6(b)(5) of the
Act,6 which requires, among other
things, that the rules of a national
securities exchange be 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 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. The Commission notes
that it has previously approved language
in exchange listing rules that provide an
exchange will open at least one
expiration month and one series for
each class of equity and ETF options
listed by the exchange.7
IV. Conclusion
It Is Therefore Ordered, pursuant to
Section 19(b)(2) of the Act,8 that the
proposed rule change (SR–Phlx–2011–
65) be, and it hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–16418 Filed 6–29–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64745; File No. SR–Phlx–
2011–086]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend the
Fee Schedule Regarding Co-Location
Fees for Additional Power and Cable
Options
June 24, 2011.
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 June 23,
2011, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
srobinson on DSK4SPTVN1PROD with NOTICES
6 15
1 15
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Securities Exchange Act Release No. 64480 (May
12, 2011), 76 FR 28836 (‘‘Notice’’).
4 See Phlx Rule 1012(a)(1)(A); see also Nasdaq
Rules Chapter IV, Section 6(b) and (e).
5 In approving this proposed rule change, the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
VerDate Mar<15>2010
16:24 Jun 29, 2011
Jkt 223001
U.S.C. 78f(b)(5).
Securities Exchange Act Release No. 57478
(March 12, 2008), 73 FR 14521.
(March 18, 2008) (SR–Nasdaq-2007–004), at
14538 (approving rules for the Nasdaq Options
Market, including specifically Chapter IV, Section
6(b) and (e)).
8 15 U.S.C. 78s(b)(2).
9 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
7 See
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
change as described in Items I, II, and
III below, which Items have been
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 the Substance
of the Proposed Rule Change
The Exchange proposes to amend the
Fee Schedule regarding co-location fees
for additional power and cable options.
The text of the proposed rule change is
available at https://nasdaqtrader.com/
micro.aspx?id=PHLXfilings, at the
Exchange’s principal office, 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, 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 proposes to amend the
Fee Schedule regarding co-location fees
for additional power and cable options.
The Exchange proposes to offer a new
choice of a pair of power receptacles (60
amps 208 volts), which would provide
enough power for a high density
cabinet. The proposed fee for
installation of the pair of the 60 amp
208 volt power receptacles is $3,000.
There are ten other power choices
already available and this new
receptacle choice is being offered as
more clients are requesting higher
power density cabinets. Additionally,
the Exchange proposes to offer a new
choice of patch cable, twinaxial
(otherwise known as ‘‘Twinax’’) cables,
in lengths of one meter to five meters.
The proposed fee for the Twinax cables
is $34 + $10 per meter. The Exchange
is making the Twinax cables available as
a convenience to customers, and notes
that use of Exchange-provided patch
cords is completely voluntary, and that
such patch cords may be freely obtained
E:\FR\FM\30JNN1.SGM
30JNN1
Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Notices
srobinson on DSK4SPTVN1PROD with NOTICES
from other vendors for use by customers
in the datacenter.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,3
in general, and with Section 6(b)(4) of
the Act,4 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.
The Exchange operates in a highly
competitive market, in which exchanges
offer co-location services as a means to
facilitate the trading activities of those
members who believe that co-location
enhances the efficiency of their trading.
Accordingly, fees charged for colocation services are constrained by the
active competition for the order flow of
such members. If a particular exchange
charges excessive fees for co-location
services, affected members will opt to
terminate their co-location arrangements
with that exchange, and adopt a
possible range of alternative strategies,
including co-locating with a different
exchange, placing their servers in a
physically proximate location outside
the exchange’s data center, or pursuing
trading strategies not dependent upon
co-location. Accordingly, the exchange
charging excessive fees would stand to
lose not only co-location revenues but
also revenues associated with the
execution of orders routed to it by
affected members. The Exchange
believes that this competitive dynamic
imposes powerful restraints on the
ability of any exchange to charge
unreasonable fees for co-location
services.
It should be noted, however, that the
costs associated with operating a colocation facility, like the costs of
operating the electronic trading facility
with which the co-location facility is
associated, are primarily fixed costs,
and in the case of co-location are
primarily the costs of renting or owning
data center space and retaining a staff of
technical personnel. Accordingly, the
Exchange establishes a range of colocation fees with the goal of covering
these fixed costs, covering less
significant marginal costs, such as the
cost of electricity, and providing the
Exchange a profit to the extent the costs
are covered. Because fixed costs must be
allocated among all customers, the
Exchange’s fee schedule reflects an
effort to assess a range of relatively low
U.S.C. 78f.
4 15 U.S.C. 78f(b)(4).
16:24 Jun 29, 2011
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.
5 See Release No. 63275 (November 8, 2010) at
page 4, 75 FR 70048 (November 16, 2010)(SR–
NYSEArca–2010–100).
3 15
VerDate Mar<15>2010
fees for specific aspects of co-location
services, which, in the aggregate, will
allow the Exchange to cover its costs
and to the extent the costs are covered,
allow the Exchange to earn a profit.
In the case of the proposed fees for a
pair of the 60 amp power receptacles
and the Twinax cables, the proposed
fees cover the marginal costs of
establishing and maintaining the
electrical installation, the costs of
obtaining the cable equipment from the
Exchange’s vendors, and allow the
Exchange to earn a profit; to the extent
the costs are covered. Accordingly, the
Exchange believes that it is reasonable
to use fees assessed on this basis as a
means to recoup a share of fixed costs
associated with the proposed power and
cable options, provide a convenience for
the customers and to the extent the costs
are covered, provide a profit to the
Exchange.
The Exchange also notes that the fees
charged by the Exchange are generally
lower or comparable to prices charged
by other exchanges or unregulated
vendors for similar services. For
instance, NYSE Arca, Inc. charges for
the power installation by including it in
a higher install for the co-location
cabinet.5 With respect to the proposed
fees for Twinax cables, the fees charged
by the Exchange are generally lower or
comparable to prices charged by
unregulated vendors for similar
products. See https://www.google.com/
products/catalog?hl=en&biw=
1259&bih=813&q=Twinax+cable&um=
1&ie=UTF-8&tbm=
shop&cid=15023972358025904938&sa=
X&ei=8tDfTaOwIc
HagQeVu6DUCg&ved=0CDcQ8wIwAw#.
Furthermore, because the proposed
services are available to all members
through optional co-location services,
the Exchange’s fees for proposed colocation services are reasonable and
equitably allocated across the
membership. All co-location customers
are offered the same range of products
and services and there is no
differentiation among customers with
regard to the fees charged for a
particular product, service, or piece of
equipment.
Jkt 223001
PO 00000
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38445
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.6 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 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–2011–86 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–Phlx–2011–86. 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
6 15
E:\FR\FM\30JNN1.SGM
U.S.C. 78s(b)(3)(a)(ii) [sic].
30JNN1
38446
Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Notices
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 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 offices 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–2011–86, and should
be submitted on or before July 21, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–16433 Filed 6–29–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64746; File No. SR–
NYSEAmex–2011–45]
Self-Regulatory Organizations; NYSE
Amex LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change to Extend the Operation
of the Pilot Program That Allows
Nasdaq Stock Market Securities To Be
Traded on the Exchange Pursuant to a
Grant of Unlisted Trading Privileges
June 24, 2011.
srobinson on DSK4SPTVN1PROD with NOTICES
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 June 21,
2011, NYSE Amex LLC (the ‘‘Exchange’’
or ‘‘NYSE Amex’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been 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
The Exchange proposes to amend
NYSE Amex Equities Rule 500 to extend
the operation of the pilot program that
7 17
CFR 200.30–3(a)(12).
U.S.C. 78a.
2 17 CFR 240.19b–4.
1 15
VerDate Mar<15>2010
16:24 Jun 29, 2011
Jkt 223001
allows Nasdaq Stock Market (‘‘Nasdaq’’)
securities to be traded on the Exchange
pursuant to a grant of unlisted trading
privileges. The pilot is currently
scheduled to expire on August 1, 2011;
the Exchange proposes to extend it until
the earlier of Securities and Exchange
Commission (‘‘Commission’’) approval
to make such pilot permanent or
January 31, 2012. The text of the
proposed rule change is available at the
Exchange, the Commission’s Public
Reference Room, and https://
www.nyse.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
self-regulatory organization 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 those 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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
NYSE Amex Equities Rules 500–525,
as a pilot program, govern the trading of
any Nasdaq-listed security on the
Exchange pursuant to unlisted trading
privileges (‘‘UTP Pilot Program’’).3 The
Exchange hereby seeks to extend the
operation of the UTP Pilot Program,
currently scheduled to expire on August
1, 2011, until the earlier of Commission
approval to make such pilot permanent
or January 31, 2012.
The UTP Pilot Program includes any
security listed on Nasdaq that (i) is
designated as an ‘‘eligible security’’
under the Joint Self-Regulatory
Organization Plan Governing the
Collection, Consolidation and
Dissemination of Quotation and
Transaction Information for NasdaqListed Securities Traded on Exchanges
on an Unlisted Trading Privilege Basis,
as amended (‘‘UTP Plan’’),4 and (ii) has
3 See Securities Exchange Act Release No. 62479
(July 9, 2010), 75 FR 41264 (July 15, 2010) (SR–
NYSEAmex–2010–31). See also Securities
Exchange Act Release No. 62857 (September 7,
2010), 75 FR 55837 (September 14, 2010) (SR–
NYSEAmex–2010–89) and 63601 (December 22,
2010), 75 FR 82117 (December 29, 2010) (SR–
NYSEAmex–2010–124).
4 See Securities Exchange Act Release No. 58863
(October 27, 2008), 73 FR 65417 (November 3,
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
been admitted to dealings on the
Exchange pursuant to a grant of unlisted
trading privileges in accordance with
Section 12(f) of the Securities Exchange
Act of 1934, as amended (the ‘‘Act’’),5
(collectively, ‘‘Nasdaq Securities’’).6
The Exchange notes that its New
Market Model Pilot (‘‘NMM Pilot’’),
which, among other things, eliminated
the function of specialists on the
Exchange and created a new category of
market participant, the Designated
Market Maker (‘‘DMM’’),7 is also
scheduled to end on August 1, 2011.8
The timing of the operation of the UTP
Pilot Program was designed to
correspond to that of the NMM Pilot. In
approving the UTP Pilot Program, the
Commission acknowledged that the
rules relating to DMM benefits and
duties in trading Nasdaq Securities on
the Exchange pursuant to the UTP Pilot
Program are consistent with the Act 9
and noted the similarity to the NMM
Pilot, particularly with respect to DMM
obligations and benefits.10 Furthermore,
the UTP Pilot Program rules pertaining
to the assignment of securities to DMMs
are substantially similar to the rules
implemented through the NMM Pilot.11
The Exchange has similarly filed to
extend the operation of the NMM Pilot
until the earlier of Commission approval
to make the NMM Pilot permanent or
January 31, 2012.12
Extension of the UTP Pilot Program in
tandem with the NMM Pilot, both from
August 1, 2011 until the earlier of
Commission approval to make such
pilots permanent or January 31, 2012,
2008). The Exchange’s predecessor, the American
Stock Exchange LLC, joined the UTP Plan in 2001.
See Securities Exchange Act Release No. 55647
(April 19, 2007), 72 FR 20891 (April 27, 2007) (S7–
24–89). In March 2009, the Exchange changed its
name to NYSE Amex LLC. See Securities Exchange
Act Release No. 59575 (March 13, 2009), 74 FR
11803 (March 19, 2009) (SR–NYSEALTR–2009–24).
5 15 U.S.C. 78l.
6 ‘‘Nasdaq Securities’’ is included within the
definition of ‘‘security’’ as that term is used in the
NYSE Amex Equities Rules. See NYSE Amex
Equities Rule 3. In accordance with this definition,
Nasdaq Securities are admitted to dealings on the
Exchange on an ‘‘issued,’’ ‘‘when issued,’’ or ‘‘when
distributed’’ basis. See NYSE Amex Equities Rule
501.
7 See NYSE Amex Equities Rule 103.
8 See Securities Exchange Act Release No. 60758
(October 1, 2009), 74 FR 51639 (October 7, 2009)
(SR–NYSEAmex–2009–65). See also Securities
Exchange Act Release Nos. 61030 (November 19,
2009), 74 FR 62365 (November 27, 2009) (SR–
NYSEAmex–2009–83); 61725 (March 17, 2010), 75
FR 14223 (March 24, 2010) (SR–NYSEAmex–2010–
28); 62820 (September 1, 2010), 75 FR 54935
(September 9, 2010) (SR–NYSEAmex–2010–86);
and 63615 (December 29, 2010), 76 FR 611 (January
5, 2011) (SR–NYSEAmex–2010–123).
9 15 U.S.C. 78.
10 See supra note 1, at 41271.
11 Id.
12 See SR–NYSEAmex–2010–122.
E:\FR\FM\30JNN1.SGM
30JNN1
]]>Agencies
[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Notices]
[Pages 38444-38446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16433]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-64745; File No. SR-Phlx-2011-086]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
Fee Schedule Regarding Co-Location Fees for Additional Power and Cable
Options
June 24, 2011.
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 June 23, 2011, 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. 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 the
Substance of the Proposed Rule Change
The Exchange proposes to amend the Fee Schedule regarding co-
location fees for additional power and cable options. The text of the
proposed rule change is available at https://nasdaqtrader.com/micro.aspx?id=PHLXfilings, at the Exchange's principal office, 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, 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 proposes to amend the Fee Schedule regarding co-
location fees for additional power and cable options. The Exchange
proposes to offer a new choice of a pair of power receptacles (60 amps
208 volts), which would provide enough power for a high density
cabinet. The proposed fee for installation of the pair of the 60 amp
208 volt power receptacles is $3,000. There are ten other power choices
already available and this new receptacle choice is being offered as
more clients are requesting higher power density cabinets.
Additionally, the Exchange proposes to offer a new choice of patch
cable, twinaxial (otherwise known as ``Twinax'') cables, in lengths of
one meter to five meters. The proposed fee for the Twinax cables is $34
+ $10 per meter. The Exchange is making the Twinax cables available as
a convenience to customers, and notes that use of Exchange-provided
patch cords is completely voluntary, and that such patch cords may be
freely obtained
[[Page 38445]]
from other vendors for use by customers in the datacenter.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\3\ in general, and with
Section 6(b)(4) of the Act,\4\ 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.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f.
\4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Exchange operates in a highly competitive market, in which
exchanges offer co-location services as a means to facilitate the
trading activities of those members who believe that co-location
enhances the efficiency of their trading. Accordingly, fees charged for
co-location services are constrained by the active competition for the
order flow of such members. If a particular exchange charges excessive
fees for co-location services, affected members will opt to terminate
their co-location arrangements with that exchange, and adopt a possible
range of alternative strategies, including co-locating with a different
exchange, placing their servers in a physically proximate location
outside the exchange's data center, or pursuing trading strategies not
dependent upon co-location. Accordingly, the exchange charging
excessive fees would stand to lose not only co-location revenues but
also revenues associated with the execution of orders routed to it by
affected members. The Exchange believes that this competitive dynamic
imposes powerful restraints on the ability of any exchange to charge
unreasonable fees for co-location services.
It should be noted, however, that the costs associated with
operating a co-location facility, like the costs of operating the
electronic trading facility with which the co-location facility is
associated, are primarily fixed costs, and in the case of co-location
are primarily the costs of renting or owning data center space and
retaining a staff of technical personnel. Accordingly, the Exchange
establishes a range of co-location fees with the goal of covering these
fixed costs, covering less significant marginal costs, such as the cost
of electricity, and providing the Exchange a profit to the extent the
costs are covered. Because fixed costs must be allocated among all
customers, the Exchange's fee schedule reflects an effort to assess a
range of relatively low fees for specific aspects of co-location
services, which, in the aggregate, will allow the Exchange to cover its
costs and to the extent the costs are covered, allow the Exchange to
earn a profit.
In the case of the proposed fees for a pair of the 60 amp power
receptacles and the Twinax cables, the proposed fees cover the marginal
costs of establishing and maintaining the electrical installation, the
costs of obtaining the cable equipment from the Exchange's vendors, and
allow the Exchange to earn a profit; to the extent the costs are
covered. Accordingly, the Exchange believes that it is reasonable to
use fees assessed on this basis as a means to recoup a share of fixed
costs associated with the proposed power and cable options, provide a
convenience for the customers and to the extent the costs are covered,
provide a profit to the Exchange.
The Exchange also notes that the fees charged by the Exchange are
generally lower or comparable to prices charged by other exchanges or
unregulated vendors for similar services. For instance, NYSE Arca, Inc.
charges for the power installation by including it in a higher install
for the co-location cabinet.\5\ With respect to the proposed fees for
Twinax cables, the fees charged by the Exchange are generally lower or
comparable to prices charged by unregulated vendors for similar
products. See https://www.google.com/products/
catalog?hl=en&biw=1259&bih=813&q=Twinax+cable&um=1&ie=UTF-
8&tbm=shop&cid=15023972358025904938&sa=X&ei=8tDfTaOwIcHagQeVu6DUCg&ved=0
CDcQ8wIwAw#.
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\5\ See Release No. 63275 (November 8, 2010) at page 4, 75 FR
70048 (November 16, 2010)(SR-NYSEArca-2010-100).
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Furthermore, because the proposed services are available to all
members through optional co-location services, the Exchange's fees for
proposed co-location services are reasonable and equitably allocated
across the membership. All co-location customers are offered the same
range of products and services and there is no differentiation among
customers with regard to the fees charged for a particular product,
service, or piece of equipment.
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.\6\ 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.
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\6\ 15 U.S.C. 78s(b)(3)(a)(ii) [sic].
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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-Phlx-2011-86 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-Phlx-2011-86. 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
[[Page 38446]]
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 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 offices 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-2011-86, and should be
submitted on or before July 21, 2011.
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\7\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-16433 Filed 6-29-11; 8:45 am]
BILLING CODE 8011-01-P
