Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Assess a Monthly Fee for Subscription to the QView Service, 64574-64575 [2012-25866]
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Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Pursuant to Section 19(b)(3)(A)(ii) of
the Act,8 the Exchange has designated
this proposal as establishing or changing
a due, fee, or other charge imposed by
the self-regulatory organization on any
person, whether or not the person is a
member of the self-regulatory
organization, which renders the
proposed rule change effective upon
filing.
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 email to rulecomments@sec.gov. Please include File
Number SR–BX–2012–068 on the
subject line.
wreier-aviles on DSK5TPTVN1PROD with
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549.
All submissions should refer to File
Number SR–BX–2012–068. 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
8 15
U.S.C. 78s(b)(3)(A)(ii).
VerDate Mar<15>2010
15:00 Oct 19, 2012
Jkt 229001
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
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–BX–
2012–068 and should be submitted on
or before November 13, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–25865 Filed 10–19–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–68058; File No. SR–Phlx–
2012–123]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Assess a
Monthly Fee for Subscription to the
QView Service
October 16, 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 October
9, 2012, NASDAQ OMX PHLX LLC
(‘‘PHLX’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) a 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.
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
Frm 00113
Fmt 4703
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 III [sic]
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
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange is proposing to adopt a
fee of $100 per month, per member firm
for subscription to the new QView
service. The Exchange recently
introduced the QView service, a webbased, front-end application that
provides a subscribing member firm
with increased transparency over its
trading activity on the Exchange by
allowing the member firm to track its
Exchange order flow.3 The Exchange is
proposing to implement the proposed
fee on October 15, 2012.
PHLX notes that QView is currently
offered by its sister exchange, The
NASDAQ Stock Market LLC for a fee of
$600 per month, per member firm.4
PHLX’s QView service is identical to
that of NASDAQ, yet offered at a lower
monthly subscription fee of $100 per
month, per member firm. The Exchange
determined to assess a lower fee than
the NASDAQ service based on the lower
volume of trading on the Exchange’s
equities market, NASDAQ OMX PSX
(‘‘PSX’’) and, hence, less data provided
3 See Securities Exchange Act Release No. 67951
(October 1, 2012), 77 FR 61039 (October 5, 2012)
(SR–Phlx–2012–114) (adopting the QView Service
on PHLX).
4 See NASDAQ Rule 7058.
9 17
PO 00000
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
PHLX proposes to modify its fee
schedule concerning NASDAQ OMX
PSX fees to assess a monthly fee for
subscription to the QView service. The
Exchange is proposing to implement the
proposed fee beginning on October 15,
2012. The text of the proposed rule
change is available at https://
nasdaqomxphlx.cchwallstreet.com, at
PHLX’s principal office, and at the
Commission’s Public Reference Room.
Sfmt 4703
E:\FR\FM\22OCN1.SGM
22OCN1
Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Notices
by PHLX QView as compared to
NASDAQ QView.5 As noted in adopting
PHLX QView, a subscriber must also
subscribe to Tradeinfo PSX to subscribe
to PHLX QView.6
wreier-aviles on DSK5TPTVN1PROD with
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with Section
6(b)(4) of the Act 7 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, and it
does not unfairly discriminate between
customers, issuers, brokers or dealers.
The Exchange believes that the
proposed fee is equitable and not
unfairly discriminatory because member
firms that voluntarily elect to subscribe
to this service will be charged the same
fee. QView provides subscribing
member firms with a top down view of
their trading activity on the Exchange
and the proposed fee is assessed on a
per member firm basis. The value of
QView to a subscribing member firm is
the convenience of aggregating and
displaying the firm’s data in a single
interface regardless of the amount of
data (executions, open orders, etc.) or
the number of MPIDs that the firm has.
In this regard, the Exchange notes that
the number of MPIDs that a subscribing
member firm possesses is not indicative
of quantity and value of the data
provided by QView. In many cases, a
firm with a single MPID may in fact
have more data than a firm with
multiple MPIDs. As such, the Exchange
believes that it is equitable to assess the
fee on a per firm basis, as opposed to a
per MPID basis. The Exchange also
believes that the proposed fee does not
unfairly discriminate because it is
available to all member firms on equal
terms and there is no differentiation
among member firms in regard to the fee
assessed to subscribers. In addition, the
Exchange believes that it is not unfair
discrimination to limit the service to
broker-dealers that are members of the
Exchange because it provides
information solely concerning a
subscribing member firm’s trading
activity on the Exchange.
The Exchange determined that the
proposed fee is reasonable based on
member firm interest in QView, costs
associated with developing and
supporting QView, and the value that
QView provides to subscribing member
5 Member firms are assessed an initial monthly
subscription fee prorated for the remainder of the
month subscribed.
6 Supra note 3.
7 15 U.S.C. 78f(b)(4).
VerDate Mar<15>2010
15:00 Oct 19, 2012
Jkt 229001
firms. The information provided by
QView relates to the subscribing
member firm’s activity on the Exchange
and the member firm may access and
aggregate this information by other
means, including its own internal
systems. As such, the Exchange believes
that if a member firm determines that
the fee is not cost-efficient for its needs,
it may decline to subscribe to QView
and access such information from other
sources. Finally, the maximum fee for a
member that elects to subscribe to this
service, regardless of the number of
MPIDs held by the firm, is $100 per
month. Subscription to QView is per
member firm, therefore a firm must
subscribe only once to QView to receive
the service for as many of its MPIDs as
it wishes.
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
Pursuant to Section 19(b)(3)(A)(ii) of
the Act,8 the Exchange has designated
this proposal as establishing or changing
a due, fee, or other charge imposed by
the self-regulatory organization on any
person, whether or not the person is a
member of the self-regulatory
organization, which renders the
proposed rule change effective upon
filing.
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,
8 15
PO 00000
U.S.C. 78s(b)(3)(A)(ii).
Frm 00114
Fmt 4703
Sfmt 9990
64575
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 rulecomments@sec.gov. Please include File
Number SR–Phlx–2012–123 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.
All submissions should refer to File
Number SR-Phlx-2012–123. 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
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–Phlx–
2012–123 and should be submitted on
or before November 13, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–25866 Filed 10–19–12; 8:45 am]
BILLING CODE 8011–01–P
9 17
E:\FR\FM\22OCN1.SGM
CFR 200.30–3(a)(12).
22OCN1
Agencies
[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Notices]
[Pages 64574-64575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25866]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-68058; File No. SR-Phlx-2012-123]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Assess a
Monthly Fee for Subscription to the QView Service
October 16, 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 October 9, 2012, NASDAQ OMX PHLX LLC (``PHLX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') a
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.
---------------------------------------------------------------------------
\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
PHLX proposes to modify its fee schedule concerning NASDAQ OMX PSX
fees to assess a monthly fee for subscription to the QView service. The
Exchange is proposing to implement the proposed fee beginning on
October 15, 2012. The text of the proposed rule change is available at
https://nasdaqomxphlx.cchwallstreet.com, at PHLX'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 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 III [sic] 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
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange is proposing to adopt a fee of $100 per month, per
member firm for subscription to the new QView service. The Exchange
recently introduced the QView service, a web-based, front-end
application that provides a subscribing member firm with increased
transparency over its trading activity on the Exchange by allowing the
member firm to track its Exchange order flow.\3\ The Exchange is
proposing to implement the proposed fee on October 15, 2012.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 67951 (October 1,
2012), 77 FR 61039 (October 5, 2012) (SR-Phlx-2012-114) (adopting
the QView Service on PHLX).
---------------------------------------------------------------------------
PHLX notes that QView is currently offered by its sister exchange,
The NASDAQ Stock Market LLC for a fee of $600 per month, per member
firm.\4\ PHLX's QView service is identical to that of NASDAQ, yet
offered at a lower monthly subscription fee of $100 per month, per
member firm. The Exchange determined to assess a lower fee than the
NASDAQ service based on the lower volume of trading on the Exchange's
equities market, NASDAQ OMX PSX (``PSX'') and, hence, less data
provided
[[Page 64575]]
by PHLX QView as compared to NASDAQ QView.\5\ As noted in adopting PHLX
QView, a subscriber must also subscribe to Tradeinfo PSX to subscribe
to PHLX QView.\6\
---------------------------------------------------------------------------
\4\ See NASDAQ Rule 7058.
\5\ Member firms are assessed an initial monthly subscription
fee prorated for the remainder of the month subscribed.
\6\ Supra note 3.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
Section 6(b)(4) of the Act \7\ 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, and it does not unfairly discriminate
between customers, issuers, brokers or dealers. The Exchange believes
that the proposed fee is equitable and not unfairly discriminatory
because member firms that voluntarily elect to subscribe to this
service will be charged the same fee. QView provides subscribing member
firms with a top down view of their trading activity on the Exchange
and the proposed fee is assessed on a per member firm basis. The value
of QView to a subscribing member firm is the convenience of aggregating
and displaying the firm's data in a single interface regardless of the
amount of data (executions, open orders, etc.) or the number of MPIDs
that the firm has. In this regard, the Exchange notes that the number
of MPIDs that a subscribing member firm possesses is not indicative of
quantity and value of the data provided by QView. In many cases, a firm
with a single MPID may in fact have more data than a firm with multiple
MPIDs. As such, the Exchange believes that it is equitable to assess
the fee on a per firm basis, as opposed to a per MPID basis. The
Exchange also believes that the proposed fee does not unfairly
discriminate because it is available to all member firms on equal terms
and there is no differentiation among member firms in regard to the fee
assessed to subscribers. In addition, the Exchange believes that it is
not unfair discrimination to limit the service to broker-dealers that
are members of the Exchange because it provides information solely
concerning a subscribing member firm's trading activity on the
Exchange.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Exchange determined that the proposed fee is reasonable based
on member firm interest in QView, costs associated with developing and
supporting QView, and the value that QView provides to subscribing
member firms. The information provided by QView relates to the
subscribing member firm's activity on the Exchange and the member firm
may access and aggregate this information by other means, including its
own internal systems. As such, the Exchange believes that if a member
firm determines that the fee is not cost-efficient for its needs, it
may decline to subscribe to QView and access such information from
other sources. Finally, the maximum fee for a member that elects to
subscribe to this service, regardless of the number of MPIDs held by
the firm, is $100 per month. Subscription to QView is per member firm,
therefore a firm must subscribe only once to QView to receive the
service for as many of its MPIDs as it wishes.
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
Pursuant to Section 19(b)(3)(A)(ii) of the Act,\8\ the Exchange has
designated this proposal as establishing or changing a due, fee, or
other charge imposed by the self-regulatory organization on any person,
whether or not the person is a member of the self-regulatory
organization, which renders the proposed rule change effective upon
filing.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------
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 email to rule-comments@sec.gov. Please include
File Number SR-Phlx-2012-123 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.
All submissions should refer to File Number SR-Phlx-2012-123. 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 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2012-123 and should be
submitted on or before November 13, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------
\9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-25866 Filed 10-19-12; 8:45 am]
BILLING CODE 8011-01-P