Self-Regulatory Organizations; NYSE MKT LLC; Order Approving a Proposed Rule Change Amending the NYSE MKT Price List To Provide for Additional Co-Location Services and Establish Related Fees, 50733-50734 [2012-20567]

Download as PDF Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Notices and (iii) by encouraging greater utilization of clearing, thereby facilitating systemic risk reduction. CME contends that, as a result, the proposed rule changes will help to protect investors and the public interest. The Commission concludes that there is good cause, pursuant to Section 19(b)(2) of the Act,10 for approving the proposed rule changes prior to the thirtieth day after the date of publication of notice in the Federal Register because: (i) The proposed rule changes do not significantly affect any of CME’s securities clearing operations (whether in existence or contemplated by its rules) or any related rights or obligations of CME or persons using such service; and (ii) the activity relating to CME’s non-security clearing operations for which CME is seeking approval is subject to regulation by another federal regulator. V. Conclusion It is therefore ordered pursuant to Section 19(b)(2) of the Act that the proposed rule change (SR–CME–2012– 22) be, and hereby is, APPROVED on an accelerated basis. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11 Elizabeth M. Murphy, Secretary. [FR Doc. 2012–20566 Filed 8–21–12; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–67664; File No. SR– NYSEMKT–2012–10] Self-Regulatory Organizations; NYSE MKT LLC; Order Approving a Proposed Rule Change Amending the NYSE MKT Price List To Provide for Additional Co-Location Services and Establish Related Fees mstockstill on DSK4VPTVN1PROD with NOTICES August 15, 2012. I. Introduction On June 13, 2012, NYSE MKT LLC (‘‘NYSE MKT’’ or the ‘‘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 amend the NYSE MKT Price List to provide for additional co-location services and establish related fees. The 10 15 U.S.C. 78s(b)(2). CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 11 17 VerDate Mar<15>2010 16:53 Aug 21, 2012 Jkt 226001 proposed rule change was published for comment in the Federal Register on July 2, 2012.3 The Commission received no comments on the proposal. This order approves the proposed rule change. II. Description of the Proposed Rule Change The Exchange provides co-location services to Users from a data center in Mahwah, New Jersey.4 The Exchange’s co-location services allow Users to rent space in the data center so that they may locate their electronic servers in close physical proximity to the Exchange’s trading and execution system.5 The Exchange proposes to make multiple changes to provide for additional colocation services and establish related fees. Cabinet Cross Connects Currently the Exchange allows Users with more than one cabinet within the data center to purchase one or more fiber cross connects between its cabinets. The Exchange proposes that each User be permitted to purchase cross connects between its own cabinets, as is currently permitted, as well as between its cabinet(s) and the cabinets of separate Users within the data center.6 A cross connect between Users could be requested in order to receive technical support, order routing and/or market data delivery services from another User. In addition, the Exchange proposes to bundle cross connects such that a single sheath can hold either one cross connect or several cross connects in multiples of six (e.g., six, twelve, eighteen or twenty-four cross connects). The Exchange proposes to charge a $500 initial fee for either single or bundled cross connects and a monthly charge contingent upon the number of cross connects established.7 3 See Securities Exchange Act Release No. 67261 (June 26, 2012), 77 FR 39309 (‘‘Notice’’). 4 See Securities Exchange Act Release No. 62961 (September 21, 2010), 75 FR 59299 (September 27, 2010) (SR–NYSEAmex–2010–80). 5 For purposes of its co-location services, the term ‘‘User’’ includes (i) member organizations, as that term is defined in Rule 2(b)—Equities; (ii) Sponsored Participants, as that term is defined in Rule 123B.30(a)(ii)(B)—Equities; and (iii) nonmember organization broker-dealers and vendors that request to receive co-location services directly from the Exchange. 6 The Exchange notes that only the User requesting the cross connect would be charged the related initial and monthly fees; the counterparty User would simply be required to give permission for the cross connection. 7 The Exchange proposes to charge $500 monthly to furnish and install one cross connect between cabinets. For a bundle of six cross connects, the monthly charge would be $1,500; 12 cross connects would be $2,500 per month; 18 cross connects would be $3,200 per month; and 24 cross connects would be $3,900 per month. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 50733 10 Gb LCN Connections Users are currently able to purchase access to the Exchange’s Liquidity Center Network (‘‘LCN’’), a local area network available in the data center, in either one or ten gigabit (‘‘Gb’’) capacities, for which Users incur an initial and monthly fee per connection. The Exchange proposes that a User that purchases five 10 Gb LCN connections would only be charged the initial fee for a sixth 10 Gb LCN connection and would not be charged the monthly fee that would otherwise be applicable. LCN CSP Connections A User may act as a content service provider (a ‘‘CSP User’’) and deliver services to another User in the data center (a ‘‘Subscribing User’’), such as order routing or market data delivery services. The services can be provided either via direct cross connect between the CSP User and Subscribing Users; or in addition, CSP Users can send data to, and communicate with, all their properly authorized Subscribing Users at once, via a dedicated LCN Connection (an ‘‘LCN CSP’’ connection). The Exchange proposes an initial connection fee for CSP Users establishing a LCN CSP connection as well as a monthly charge depending on whether the connection is a 1 or 10 Gb circuit. The Subscribing User receives the services via its standard LCN connection and is charged an initial and monthly fee that reflects the benefit of receiving services in this manner.8 Cages A User may purchase a cage to house its cabinets within the data center. The Exchange charges fees for cages based on the size of the cage, which corresponds to the number of cabinets housed therein. The Exchange is proposing the following fees for cages: • For 1–14 cabinets, a $5,000 initial charge plus $2,700 monthly charge; • For 15–28 cabinets, a $10,000 initial charge plus $4,100 monthly charge; and • For 29 cabinets or more, a $15,000 initial charge plus $5,500 monthly charge. Change Fee A User may arrange for the Exchange to reconfigure, modify, or otherwise change a co-location service that the Exchange has already established for the User. The Exchange proposes to charge 8 For a CSP User, a 1Gb Circuit for a LCN CSP connection has a $6,000 connection charge plus a $500 monthly fee. A 10Gb Circuit for a LCN CSP connection has a $10,000 initial connection charge plus a $5,000 monthly fee. A CSP Subscriber has an initial charge of $950 plus a $300 monthly fee per LCN CSP. E:\FR\FM\22AUN1.SGM 22AUN1 50734 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Notices a User a fee of $950 per order if the User requests a change to one or more existing co-location services.9 Expedite Fee A User may request that the Exchange expedite the completion of co-location services purchased or ordered by the User. The Exchange proposes to charge Users $4,000 for expedited completion of co-location services. Power Not Utilized Cabinet A User may obtain unused cabinet space that the User intends to employ in the future in proximity to the User’s existing cabinet space. The Exchange proposes to charge a fee for this cabinet space, in which the power is not utilized, of $360 per month. mstockstill on DSK4VPTVN1PROD with NOTICES III. Discussion and Commission’s Findings After careful review, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange.10 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(4) of the Act,11 which requires that the rules of a national securities exchange provide for the equitable allocation of reasonable dues, fees and other charges among its members and issuers and other persons using its facilities, and with Section 6(b)(5) of the Act,12 which requires, among other things, that the rules of a national securities exchange be 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 not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. In offering co-location services, the Exchange incurs certain costs, including costs related to the data center facility, hardware and equipment costs, and costs related to personnel required for installation and ongoing support. The Exchange has represented that the fees charged are designed to defray expenses incurred or resources expended by the Exchange.13 For example, the Exchange 9 If a User orders two or more services at one time, the User would be charged a one-time Change Fee of $950, which would cover the multiple services. 10 In approving this proposed rule change, the Commission notes that it has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 11 15 U.S.C. 78f(b)(4). 12 15 U.S.C. 78f(b)(5). 13 See Notice supra note 3. VerDate Mar<15>2010 16:53 Aug 21, 2012 Jkt 226001 proposes to charge the same $500 connection fee for installing either a single cross connect or a bundled cross connect because the cost to the Exchange is generally equivalent. With regard to the cages offered by the Exchange, the initial and monthly cost increases in correlation to the size of the cage and how many cabinets it needs to contain because its size represents the opportunity cost of not using that space to sell additional cabinets, or for other Exchange purposes. In a similar vein, the expedite fee proposed corresponds to the additional Exchange resources needed to expedite customer requests, including the potential need for overtime compensation for data center staff. Respecting LCN CSP connections, the Exchange charges the same initial fee as for a standard LCN connection since the connection is physically the same, but the monthly fee is lower because LCN CSP connections are functionally limited in comparison to the standard LCN connection.14 Additionally, the Exchange represents that there is no differentiation among Users regarding the fees charged for a particular product, service or piece of equipment. In light of the Exchange’s representations, the Commission believes that the co-location fees proposed are consistent with Section 6(b)(4) and 6(b)(5) of the Exchange Act. The Exchange is offering additional co-location services as a convenience to Users. For instance, the cross connects and LCN CSP connections provide Users within the data center with another alternative to transmit data or provide services, such as order routing or market data delivery services. The cages offered to Users can help prevent the discovery of the hardware employed by Users for co-location. As noted by the Exchange, these additional co-location services are available to all Users on an equal basis. The Commission believes that these additional services are also consistent with Section 6(b)(5) of the Exchange Act, as they are designed to remove impediments to and perfect the mechanism of a free and open market and are not designed to permit unfair discrimination between customers, issuers, brokers or dealers. IV. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act,15 that the proposed rule change (SR–NYSEMKT– 2012–10) be, and it hereby is, approved. 14 A LCN CSP connection may only be used for providing services to Subscribing Users and may not be used for other purposes, such as accessing the Exchange. 15 15 U.S.C. 78s(b)(2). PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.16 Elizabeth M. Murphy, Secretary. [FR Doc. 2012–20567 Filed 8–21–12; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–67665; File No. SR– NYSEMKT–2012–11] Self-Regulatory Organizations; NYSE MKT LLC; Order Approving a Proposed Rule Change Amending the NYSE Amex Options Fee Schedule To Provide for Additional Co-location Services and Establish Related Fees August 15, 2012. I. Introduction On June 13, 2012, NYSE MKT LLC (‘‘NYSE MKT’’ or the ‘‘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 amend the NYSE Amex Options Fee Schedule to provide for additional co-location services and establish related fees. The proposed rule change was published for comment in the Federal Register on July 2, 2012.3 The Commission received no comments on the proposal. This order approves the proposed rule change. II. Description of the Proposed Rule Change The Exchange provides co-location services to Users from a data center in Mahwah, New Jersey.4 The Exchange’s co-location services allow Users to rent space in the data center so that they may locate their electronic servers in close physical proximity to the Exchange’s trading and execution system.5 The Exchange proposes to make multiple changes to provide for additional co16 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 67260 (June 26, 2012), 77 FR 39288 (‘‘Notice’’). 4 See Securities Exchange Act Release No. 63274 (November 8, 2010), 75 FR 69722 (November 15, 2010) (SR–NYSEAmex–2010–101). 5 For purposes of its co-location services, the term ‘‘User’’ includes (i) ‘‘ATP Holders,’’ as that term is defined in Rule 900.2NY(5); (ii) Sponsored Participants, as that term is defined in Rule 900.2NY(77); and (iii) non-ATP Holder brokerdealers and vendors that request to receive colocation services directly from the Exchange. See Securities Exchange Act Release No. 65975 (December 15, 2011), 76 FR 79233 (December 21, 2011) (SR–NYSEAmex–2011–82). 1 15 E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Notices]
[Pages 50733-50734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20567]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67664; File No. SR-NYSEMKT-2012-10]


 Self-Regulatory Organizations; NYSE MKT LLC; Order Approving a 
Proposed Rule Change Amending the NYSE MKT Price List To Provide for 
Additional Co-Location Services and Establish Related Fees

August 15, 2012.

I. Introduction

    On June 13, 2012, NYSE MKT LLC (``NYSE MKT'' or the ``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 
amend the NYSE MKT Price List to provide for additional co-location 
services and establish related fees. The proposed rule change was 
published for comment in the Federal Register on July 2, 2012.\3\ The 
Commission received no comments on the proposal. This order approves 
the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 67261 (June 26, 
2012), 77 FR 39309 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange provides co-location services to Users from a data 
center in Mahwah, New Jersey.\4\ The Exchange's co-location services 
allow Users to rent space in the data center so that they may locate 
their electronic servers in close physical proximity to the Exchange's 
trading and execution system.\5\ The Exchange proposes to make multiple 
changes to provide for additional co-location services and establish 
related fees.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 62961 (September 21, 
2010), 75 FR 59299 (September 27, 2010) (SR-NYSEAmex-2010-80).
    \5\ For purposes of its co-location services, the term ``User'' 
includes (i) member organizations, as that term is defined in Rule 
2(b)--Equities; (ii) Sponsored Participants, as that term is defined 
in Rule 123B.30(a)(ii)(B)--Equities; and (iii) non-member 
organization broker-dealers and vendors that request to receive co-
location services directly from the Exchange.
---------------------------------------------------------------------------

Cabinet Cross Connects

    Currently the Exchange allows Users with more than one cabinet 
within the data center to purchase one or more fiber cross connects 
between its cabinets. The Exchange proposes that each User be permitted 
to purchase cross connects between its own cabinets, as is currently 
permitted, as well as between its cabinet(s) and the cabinets of 
separate Users within the data center.\6\ A cross connect between Users 
could be requested in order to receive technical support, order routing 
and/or market data delivery services from another User. In addition, 
the Exchange proposes to bundle cross connects such that a single 
sheath can hold either one cross connect or several cross connects in 
multiples of six (e.g., six, twelve, eighteen or twenty-four cross 
connects). The Exchange proposes to charge a $500 initial fee for 
either single or bundled cross connects and a monthly charge contingent 
upon the number of cross connects established.\7\
---------------------------------------------------------------------------

    \6\ The Exchange notes that only the User requesting the cross 
connect would be charged the related initial and monthly fees; the 
counterparty User would simply be required to give permission for 
the cross connection.
    \7\ The Exchange proposes to charge $500 monthly to furnish and 
install one cross connect between cabinets. For a bundle of six 
cross connects, the monthly charge would be $1,500; 12 cross 
connects would be $2,500 per month; 18 cross connects would be 
$3,200 per month; and 24 cross connects would be $3,900 per month.
---------------------------------------------------------------------------

10 Gb LCN Connections

    Users are currently able to purchase access to the Exchange's 
Liquidity Center Network (``LCN''), a local area network available in 
the data center, in either one or ten gigabit (``Gb'') capacities, for 
which Users incur an initial and monthly fee per connection. The 
Exchange proposes that a User that purchases five 10 Gb LCN connections 
would only be charged the initial fee for a sixth 10 Gb LCN connection 
and would not be charged the monthly fee that would otherwise be 
applicable.

LCN CSP Connections

    A User may act as a content service provider (a ``CSP User'') and 
deliver services to another User in the data center (a ``Subscribing 
User''), such as order routing or market data delivery services. The 
services can be provided either via direct cross connect between the 
CSP User and Subscribing Users; or in addition, CSP Users can send data 
to, and communicate with, all their properly authorized Subscribing 
Users at once, via a dedicated LCN Connection (an ``LCN CSP'' 
connection). The Exchange proposes an initial connection fee for CSP 
Users establishing a LCN CSP connection as well as a monthly charge 
depending on whether the connection is a 1 or 10 Gb circuit. The 
Subscribing User receives the services via its standard LCN connection 
and is charged an initial and monthly fee that reflects the benefit of 
receiving services in this manner.\8\
---------------------------------------------------------------------------

    \8\ For a CSP User, a 1Gb Circuit for a LCN CSP connection has a 
$6,000 connection charge plus a $500 monthly fee. A 10Gb Circuit for 
a LCN CSP connection has a $10,000 initial connection charge plus a 
$5,000 monthly fee. A CSP Subscriber has an initial charge of $950 
plus a $300 monthly fee per LCN CSP.
---------------------------------------------------------------------------

Cages

    A User may purchase a cage to house its cabinets within the data 
center. The Exchange charges fees for cages based on the size of the 
cage, which corresponds to the number of cabinets housed therein. The 
Exchange is proposing the following fees for cages:
     For 1-14 cabinets, a $5,000 initial charge plus $2,700 
monthly charge;
     For 15-28 cabinets, a $10,000 initial charge plus $4,100 
monthly charge; and
     For 29 cabinets or more, a $15,000 initial charge plus 
$5,500 monthly charge.

Change Fee

    A User may arrange for the Exchange to reconfigure, modify, or 
otherwise change a co-location service that the Exchange has already 
established for the User. The Exchange proposes to charge

[[Page 50734]]

a User a fee of $950 per order if the User requests a change to one or 
more existing co-location services.\9\
---------------------------------------------------------------------------

    \9\ If a User orders two or more services at one time, the User 
would be charged a one-time Change Fee of $950, which would cover 
the multiple services.
---------------------------------------------------------------------------

Expedite Fee

    A User may request that the Exchange expedite the completion of co-
location services purchased or ordered by the User. The Exchange 
proposes to charge Users $4,000 for expedited completion of co-location 
services.

Power Not Utilized Cabinet

    A User may obtain unused cabinet space that the User intends to 
employ in the future in proximity to the User's existing cabinet space. 
The Exchange proposes to charge a fee for this cabinet space, in which 
the power is not utilized, of $360 per month.

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities 
exchange.\10\ In particular, the Commission finds that the proposed 
rule change is consistent with Section 6(b)(4) of the Act,\11\ which 
requires that the rules of a national securities exchange provide for 
the equitable allocation of reasonable dues, fees and other charges 
among its members and issuers and other persons using its facilities, 
and with Section 6(b)(5) of the Act,\12\ which requires, among other 
things, that the rules of a national securities exchange be 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 not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \10\ In approving this proposed rule change, the Commission 
notes that it has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
    \11\ 15 U.S.C. 78f(b)(4).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In offering co-location services, the Exchange incurs certain 
costs, including costs related to the data center facility, hardware 
and equipment costs, and costs related to personnel required for 
installation and ongoing support. The Exchange has represented that the 
fees charged are designed to defray expenses incurred or resources 
expended by the Exchange.\13\ For example, the Exchange proposes to 
charge the same $500 connection fee for installing either a single 
cross connect or a bundled cross connect because the cost to the 
Exchange is generally equivalent. With regard to the cages offered by 
the Exchange, the initial and monthly cost increases in correlation to 
the size of the cage and how many cabinets it needs to contain because 
its size represents the opportunity cost of not using that space to 
sell additional cabinets, or for other Exchange purposes. In a similar 
vein, the expedite fee proposed corresponds to the additional Exchange 
resources needed to expedite customer requests, including the potential 
need for overtime compensation for data center staff. Respecting LCN 
CSP connections, the Exchange charges the same initial fee as for a 
standard LCN connection since the connection is physically the same, 
but the monthly fee is lower because LCN CSP connections are 
functionally limited in comparison to the standard LCN connection.\14\ 
Additionally, the Exchange represents that there is no differentiation 
among Users regarding the fees charged for a particular product, 
service or piece of equipment. In light of the Exchange's 
representations, the Commission believes that the co-location fees 
proposed are consistent with Section 6(b)(4) and 6(b)(5) of the 
Exchange Act.
---------------------------------------------------------------------------

    \13\ See Notice supra note 3.
    \14\ A LCN CSP connection may only be used for providing 
services to Subscribing Users and may not be used for other 
purposes, such as accessing the Exchange.
---------------------------------------------------------------------------

    The Exchange is offering additional co-location services as a 
convenience to Users. For instance, the cross connects and LCN CSP 
connections provide Users within the data center with another 
alternative to transmit data or provide services, such as order routing 
or market data delivery services. The cages offered to Users can help 
prevent the discovery of the hardware employed by Users for co-
location. As noted by the Exchange, these additional co-location 
services are available to all Users on an equal basis. The Commission 
believes that these additional services are also consistent with 
Section 6(b)(5) of the Exchange Act, as they are designed to remove 
impediments to and perfect the mechanism of a free and open market and 
are not designed to permit unfair discrimination between customers, 
issuers, brokers or dealers.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\15\ that the proposed rule change (SR-NYSEMKT-2012-10) be, and it 
hereby is, approved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-20567 Filed 8-21-12; 8:45 am]
BILLING CODE 8011-01-P

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