Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Connectivity Options and Fees, 15169-15171 [2012-6113]

Download as PDF Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices NASDAQ believes that the proposed rule change does not significantly affect the protection of investors or the public interest, and does not impose any significant burden on competition because (i) the proposal seeks to enhance market quality by providing a means to encourage market participants to offer greater liquidity at the NBBO, and (ii) the proposal enhances NASDAQ’s ability to compete with comparable functionality that is already being offered by NYSEArca. 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. 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 No. SR–NASDAQ– 2012–031 and should be submitted on or before April 4, 2012. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.9 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2012–6183 Filed 3–13–12; 8:45 am] Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rulecomments@sec.gov. Please include File Number SR–NASDAQ–2012–031 on the subject line. srobinson on DSK4SPTVN1PROD with NOTICES 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: Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Connectivity Options and Fees 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–NASDAQ–2012–031. This file number should be included on the subject line if email 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 VerDate Mar<15>2010 19:41 Mar 13, 2012 Jkt 226001 BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–66542; File No. SR–BX– 2012–012] March 8, 2012. 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 March 2, 2012, The NASDAQ OMX BX, Inc. (‘‘BX’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II, 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 modify Exchange connectivity options and fees. The text of the proposed rule change is available at https:// nasdaqomxbx.cchwallstreet.com/, at the CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. Frm 00148 Fmt 4703 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 the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to modify Rule 7034(b) regarding connectivity to The NASDAQ Stock Market LLC (‘‘NASDAQ’’).3 Specifically, the Exchange proposes to (i) establish a connectivity fee for a 40Gb enhanced bandwidth option; and (ii) provide a waiver of installation fees for upgrades. Enhanced Bandwidth Option The Exchange currently offers various bandwidth options for connectivity to the Exchange, including a 10Gb fiber connection, a 1Gb copper connection, and a 100 MB connection.4 In keeping with changes in technology, the Exchange now proposes to provide an enhanced bandwidth option to enable its clients a more efficient connection to the Exchange. The Exchange proposes a 40G [sic] fiber connection with a onetime installation fee of $1,500, and a per-month connectivity fee of $15,000. The growth in the size of consolidated and proprietary data feeds has resulted in demand for higher bandwidth. As the number of feeds available and the size of the feeds increases, the bandwidth required for market data feeds steadily rises. The Exchange’s proposal provides the co-located client the option to select the bandwidth that is appropriate for the firm’s current needs and enables it to add or change services as its needs change. Waiver of Installation Fees The Exchange also proposes to provide a waiver of the installation fees 3 All co-location services are provided by NASDAQ Technology Services LLC. 4 See Exchange Rule 7034(b), Connectivity to Nasdaq. 9 17 PO 00000 15169 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1 15170 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices for client orders of 10Gb and 40Gb fiber connectivity to the Exchange completed between the effectiveness of this proposal and May 31, 2012. The Exchange is providing the waiver to assist its co-located clients in upgrading to higher bandwidth connections to meet the growing needs of co-located clients’ business operations. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act 5 in general, and with Section 6(b)(4) of the Act,6 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 also believes the proposal furthers the objectives of Section 6(b)(5) of the Act 7 in that it is designed to promote just and equitable principles of trade, 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 and are [sic] not designed to permit unfair discrimination between customer, issuers, brokers and dealers. srobinson on DSK4SPTVN1PROD with NOTICES Enhanced Bandwidth Option The Exchange believes that its proposal is consistent with Section 6(b)(4) of the Act 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. Reasonable Fees The Exchange’s proposal for 40Gb fiber connectivity will provide colocation clients the ability to increase data transmission and reduce latency, thereby enhancing their operations. The Exchange believes the proposed fees for 40B [sic] fiber connectivity to the Exchange are reasonable because the fees charged for the higher bandwidth allow the Exchange to cover the hardware, installation, testing and connection costs to maintain and manage the enhanced connection. The proposed fees allow the Exchange to recoup costs associated with providing the 40Gb connection and provide the Exchange a profit while providing customers the possibility of reducing the number of their connections to the Exchange. While no other Exchange 5 15 U.S.C. 78f(b). U.S.C. 78f(b)(4). 7 15 U.S.C. 78f(b)(5). 6 15 VerDate Mar<15>2010 19:41 Mar 13, 2012 Jkt 226001 currently offers the proposed 40Gb bandwidth connection, the Exchange further believes that the proposed fees are reasonable in that the proposed fees are proportionately less than the fees charged by other trading venues for similar connectivity services.8 Equitable Allocation The Exchange also believes the proposed 40Gb fiber fee for connectivity to the Exchange is equitably allocated in that all Exchange members that voluntarily select this service option will be charged the same amount to cover the hardware, installation, testing and connection costs to maintain and manage the enhanced connection. The proposed fees allow the Exchange to recoup costs associated with providing the 40Gb connection and provide the Exchange a profit while providing customers the possibility of reducing the number of their connections to the Exchange. All Exchange members have the option to select this voluntary colocation service. The Exchange also believes the proposal furthers the objectives of Section 6(b)(5) of the Act 9 in that it is designed to promote just and equitable principles of trade, 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 and are [sic] not designed to permit unfair discrimination between customer, issuers, brokers and dealers. Removes Impediments and Perfects Mechanism of a Free and Open Market Furthermore, the enhanced 40Gb fiber connectivity assists the co-located clients in making their network connectivity more efficient, as clients could consolidate the number of connections to the Exchange. Due to the continuous growth of the size of consolidated and proprietary market data feeds transmitted over the Exchange connections, clients need to monitor their connections for data spikes and data gapping issues which can result in potential trading errors, trading losses and may require network resource intervention to resolve. The Exchange believes the enhanced 40Gb 8 NYSE charges $10,000 per month for 10Gb LCN (Liquidity Center Network) Connection. See https:// usequities.nyx.com/sites/usequities.nyx.com/files/ nyse_arca_marketplace_fees_1.3.2012.pdf, page 13. Furthermore, ISE charges $4,000 per month for 10Gb Ethernet network connections. See https:// www.ise.com/assets/documents/OptionsExchange/ legal/fee/fee_schedule.pdf, page 9. By contrast, the Exchange is proposing to offer four times the bandwidth for a monthly fee of $15,000. 9 15 U.S.C. 78f(b)(5). PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 connection will remove impediments to and perfect the mechanism of a free and open market and a national market system because the enhanced connectivity option will remove the potential for data spikes and data gapping issues that result from the transmission of the growing size of the consolidated and proprietary market data feeds. Protects Investors and the Public Interest The Exchange also believes that the reduction in latencies attributed to the enhanced 40Gb connection option further serves to protect investors and the public interest. The reduction in latencies will remove the potential for data spikes and data gapping issues that result from the transmission of the growing size of the consolidated and proprietary market data feeds. Such data spiking and data gapping issues have the potential of disrupting the marketplace which could negatively impact the investors as well as the public interest. Not Unfairly Discriminatory The Exchange also believes the proposed 40Gb fiber fee for connectivity to the Exchange is not unfairly discriminatory in that all Exchange members have the option of selecting the 40Gb connection to the Exchange, and there is no differentiation among members with regard to the fees charged for this option. Furthermore, the Exchange believes the [sic] providing all Exchange Members the proposed connectivity option for the proposed fees, which covers [sic] the hardware, installation, testing and connection costs to maintain and manage the enhanced connection, promotes just and equitable principles of trade. Waiver of Installation Fees The Exchange believes that its proposal for the waiver of installation fees is consistent with Section 6(b) of the Act 10 in general, and with Section 6(b)(4) of the Act,11 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. Reasonable Waiver of Fees The Exchange believes that its proposal to waive the 10Gb and 40Gb fiber connection installation fees is reasonable because it is being provided 10 15 11 15 E:\FR\FM\14MRN1.SGM U.S.C. 78f(b). U.S.C. 78f(b)(4). 14MRN1 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices to assist its co-located clients in upgrading to higher bandwidth connections to meet the growing needs of the co-located clients’ business operations at a time in the industry when the ever-increasing size of consolidated and proprietary data fees are [sic] causing higher demand for larger bandwidth options to reduce potential disruption in the marketplace. Equitably Allocated The Exchange also believes the proposal to waive the 10Gb and 40Gb fiber connection installation fee is equitably allocated in that all Exchange members that voluntarily select these service options will be afforded the waiver of fees until May 31, 2012. All Exchange members have the option to select these voluntary co-location services. Not Unfairly Discriminatory The Exchange also believes the proposal to waive the 10Gb and 40Gb fiber connection installation fee is not unfairly discriminatory in that the waiver of fees is provided to all Exchange members that volunteer for these particular service options, and there is no differentiation among members with regard to the waiver of fees for these options. 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: 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. srobinson on DSK4SPTVN1PROD with NOTICES 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 Because the foregoing proposed rule change does not significantly affect the protection of investors or the public interest, does not impose any significant burden on competition, and, by its terms, does not become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 12 and Rule 19b– 4(f)(6) thereunder.13 12 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange’s intent 13 17 VerDate Mar<15>2010 19:41 Mar 13, 2012 Jkt 226001 The Exchange has requested that the Commission waive the 30-day operative delay. The Commission believes that waiver of the operative delay is consistent with the protection of investors and the public interest because such waiver will facilitate trading activities by providing members an option to enhance the efficiency of their trading through the 40Gb connectivity. Therefore, the Commission designates the proposal operative upon filing.14 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. Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rulecomments@sec.gov. Please include File Number SR–BX–2012–012 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–BX–2012–012. This file number should be included on the subject line if email 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 to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. 14 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 15171 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 publicly available. All submissions should refer to File Number SR–BX– 2012–012 and should be submitted on or before April 4, 2012. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.15 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2012–6113 Filed 3–13–12; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–66539; File No. SR–NSCC– 2012–03] Self-Regulatory Organizations; The National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Messaging and Settlement Enhancements to the In Force Transactions Product Service of NSCC’s Insurance and Retirement Services and the Establishment of Fees Applicable Thereto March 8, 2012. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 notice is hereby given that on February 29, 2012, the National Securities Clearing Corporation (‘‘NSCC’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change described in Items I, II and III below, which Items have been prepared primarily by NSCC. NSCC filed the proposal pursuant to 15 17 1 15 E:\FR\FM\14MRN1.SGM CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 14MRN1

Agencies

[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Notices]
[Pages 15169-15171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6113]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66542; File No. SR-BX-2012-012]


 Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Modify 
Connectivity Options and Fees

March 8, 2012.
    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 March 2, 2012, The NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II, 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 modify Exchange connectivity options and 
fees. The text of the proposed rule change is available at https://nasdaqomxbx.cchwallstreet.com/, 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to modify Rule 7034(b) regarding connectivity 
to The NASDAQ Stock Market LLC (``NASDAQ'').\3\ Specifically, the 
Exchange proposes to (i) establish a connectivity fee for a 40Gb 
enhanced bandwidth option; and (ii) provide a waiver of installation 
fees for upgrades.
---------------------------------------------------------------------------

    \3\ All co-location services are provided by NASDAQ Technology 
Services LLC.
---------------------------------------------------------------------------

Enhanced Bandwidth Option
    The Exchange currently offers various bandwidth options for 
connectivity to the Exchange, including a 10Gb fiber connection, a 1Gb 
copper connection, and a 100 MB connection.\4\ In keeping with changes 
in technology, the Exchange now proposes to provide an enhanced 
bandwidth option to enable its clients a more efficient connection to 
the Exchange. The Exchange proposes a 40G [sic] fiber connection with a 
one-time installation fee of $1,500, and a per-month connectivity fee 
of $15,000. The growth in the size of consolidated and proprietary data 
feeds has resulted in demand for higher bandwidth. As the number of 
feeds available and the size of the feeds increases, the bandwidth 
required for market data feeds steadily rises. The Exchange's proposal 
provides the co-located client the option to select the bandwidth that 
is appropriate for the firm's current needs and enables it to add or 
change services as its needs change.
---------------------------------------------------------------------------

    \4\ See Exchange Rule 7034(b), Connectivity to Nasdaq.
---------------------------------------------------------------------------

Waiver of Installation Fees
    The Exchange also proposes to provide a waiver of the installation 
fees

[[Page 15170]]

for client orders of 10Gb and 40Gb fiber connectivity to the Exchange 
completed between the effectiveness of this proposal and May 31, 2012. 
The Exchange is providing the waiver to assist its co-located clients 
in upgrading to higher bandwidth connections to meet the growing needs 
of co-located clients' business operations.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \5\ in general, and with Section 6(b)(4) of the Act,\6\ 
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 also believes the proposal furthers the 
objectives of Section 6(b)(5) of the Act \7\ in that it is designed to 
promote just and equitable principles of trade, 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 and are [sic] not designed to permit unfair discrimination 
between customer, issuers, brokers and dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

Enhanced Bandwidth Option
    The Exchange believes that its proposal is consistent with Section 
6(b)(4) of the Act 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.
Reasonable Fees
    The Exchange's proposal for 40Gb fiber connectivity will provide 
co-location clients the ability to increase data transmission and 
reduce latency, thereby enhancing their operations. The Exchange 
believes the proposed fees for 40B [sic] fiber connectivity to the 
Exchange are reasonable because the fees charged for the higher 
bandwidth allow the Exchange to cover the hardware, installation, 
testing and connection costs to maintain and manage the enhanced 
connection. The proposed fees allow the Exchange to recoup costs 
associated with providing the 40Gb connection and provide the Exchange 
a profit while providing customers the possibility of reducing the 
number of their connections to the Exchange. While no other Exchange 
currently offers the proposed 40Gb bandwidth connection, the Exchange 
further believes that the proposed fees are reasonable in that the 
proposed fees are proportionately less than the fees charged by other 
trading venues for similar connectivity services.\8\
---------------------------------------------------------------------------

    \8\ NYSE charges $10,000 per month for 10Gb LCN (Liquidity 
Center Network) Connection. See https://usequities.nyx.com/sites/usequities.nyx.com/files/nyse_arca_marketplace_fees_1.3.2012.pdf, page 13. Furthermore, ISE charges $4,000 per month for 
10Gb Ethernet network connections. See https://www.ise.com/assets/documents/OptionsExchange/legal/fee/fee_schedule.pdf, page 9. By 
contrast, the Exchange is proposing to offer four times the 
bandwidth for a monthly fee of $15,000.
---------------------------------------------------------------------------

Equitable Allocation
    The Exchange also believes the proposed 40Gb fiber fee for 
connectivity to the Exchange is equitably allocated in that all 
Exchange members that voluntarily select this service option will be 
charged the same amount to cover the hardware, installation, testing 
and connection costs to maintain and manage the enhanced connection. 
The proposed fees allow the Exchange to recoup costs associated with 
providing the 40Gb connection and provide the Exchange a profit while 
providing customers the possibility of reducing the number of their 
connections to the Exchange. All Exchange members have the option to 
select this voluntary co-location service.
    The Exchange also believes the proposal furthers the objectives of 
Section 6(b)(5) of the Act \9\ in that it is designed to promote just 
and equitable principles of trade, 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 and are 
[sic] not designed to permit unfair discrimination between customer, 
issuers, brokers and dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

Removes Impediments and Perfects Mechanism of a Free and Open Market
    Furthermore, the enhanced 40Gb fiber connectivity assists the co-
located clients in making their network connectivity more efficient, as 
clients could consolidate the number of connections to the Exchange. 
Due to the continuous growth of the size of consolidated and 
proprietary market data feeds transmitted over the Exchange 
connections, clients need to monitor their connections for data spikes 
and data gapping issues which can result in potential trading errors, 
trading losses and may require network resource intervention to 
resolve. The Exchange believes the enhanced 40Gb connection will remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system because the enhanced connectivity option will 
remove the potential for data spikes and data gapping issues that 
result from the transmission of the growing size of the consolidated 
and proprietary market data feeds.
Protects Investors and the Public Interest
    The Exchange also believes that the reduction in latencies 
attributed to the enhanced 40Gb connection option further serves to 
protect investors and the public interest. The reduction in latencies 
will remove the potential for data spikes and data gapping issues that 
result from the transmission of the growing size of the consolidated 
and proprietary market data feeds. Such data spiking and data gapping 
issues have the potential of disrupting the marketplace which could 
negatively impact the investors as well as the public interest.
Not Unfairly Discriminatory
    The Exchange also believes the proposed 40Gb fiber fee for 
connectivity to the Exchange is not unfairly discriminatory in that all 
Exchange members have the option of selecting the 40Gb connection to 
the Exchange, and there is no differentiation among members with regard 
to the fees charged for this option. Furthermore, the Exchange believes 
the [sic] providing all Exchange Members the proposed connectivity 
option for the proposed fees, which covers [sic] the hardware, 
installation, testing and connection costs to maintain and manage the 
enhanced connection, promotes just and equitable principles of trade.
Waiver of Installation Fees
    The Exchange believes that its proposal for the waiver of 
installation fees is consistent with Section 6(b) of the Act \10\ in 
general, and with Section 6(b)(4) of the Act,\11\ 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

Reasonable Waiver of Fees
    The Exchange believes that its proposal to waive the 10Gb and 40Gb 
fiber connection installation fees is reasonable because it is being 
provided

[[Page 15171]]

to assist its co-located clients in upgrading to higher bandwidth 
connections to meet the growing needs of the co-located clients' 
business operations at a time in the industry when the ever-increasing 
size of consolidated and proprietary data fees are [sic] causing higher 
demand for larger bandwidth options to reduce potential disruption in 
the marketplace.
Equitably Allocated
    The Exchange also believes the proposal to waive the 10Gb and 40Gb 
fiber connection installation fee is equitably allocated in that all 
Exchange members that voluntarily select these service options will be 
afforded the waiver of fees until May 31, 2012. All Exchange members 
have the option to select these voluntary co-location services.
Not Unfairly Discriminatory
    The Exchange also believes the proposal to waive the 10Gb and 40Gb 
fiber connection installation fee is not unfairly discriminatory in 
that the waiver of fees is provided to all Exchange members that 
volunteer for these particular service options, and there is no 
differentiation among members with regard to the waiver of fees for 
these options.

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

    Because the foregoing proposed rule change does not significantly 
affect the protection of investors or the public interest, does not 
impose any significant burden on competition, and, by its terms, does 
not become operative for 30 days from the date on which it was filed, 
or such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day 
operative delay. The Commission believes that waiver of the operative 
delay is consistent with the protection of investors and the public 
interest because such waiver will facilitate trading activities by 
providing members an option to enhance the efficiency of their trading 
through the 40Gb connectivity. Therefore, the Commission designates the 
proposal operative upon filing.\14\
---------------------------------------------------------------------------

    \14\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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.

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 email to rule-comments@sec.gov. Please include 
File Number SR-BX-2012-012 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-BX-2012-012. This file 
number should be included on the subject line if email 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 
publicly available. All submissions should refer to File Number SR-BX-
2012-012 and should be submitted on or before April 4, 2012.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-6113 Filed 3-13-12; 8:45 am]
BILLING CODE 8011-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.