Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Amend Its Fees Schedule, 33399-33402 [2021-13284]

Download as PDF Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices specifically, as of June 9, 2021, the Exchange has a total market share of 6.73% of all equity options volume, for the month of June 2021.27 In such an environment, the Exchange must continually adjust its transaction and non-transaction fees to remain competitive with other exchanges and to attract order flow. The Exchange believes that the proposed rule change reflects this competitive environment because it will modify the Exchange’s rebates in a manner that encourages market participants to continue to provide and send order flow to the Exchange. To the extent this is achieved, all the Exchange’s market participants should benefit from the improved market quality. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act,28 and Rule 19b–4(f)(2) 29 thereunder. 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: Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. All submissions should refer to File Number SR–MIAX–2021–26. 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 website (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 website 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 the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–MIAX–2021–26 and should be submitted on or before July 15, 2021. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.30 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2021–13288 Filed 6–23–21; 8:45 am] BILLING CODE 8011–01–P khammond on DSKJM1Z7X2PROD with NOTICES 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– MIAX–2021–26 on the subject line. id. U.S.C. 78s(b)(3)(A)(ii). 29 17 CFR 240.19b–4(f)(2). SECURITIES AND EXCHANGE COMMISSION [Release No. 34–92173; File No. SR–C2– 2021–010] Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Amend Its Fees Schedule June 14, 2021. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on June 1, 2021, Cboe C2 Exchange, Inc. (the ‘‘Exchange’’ or ‘‘C2’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change Cboe C2 Exchange, Inc. (the ‘‘Exchange’’ or ‘‘C2’’) is filing with the Securities and Exchange Commission (‘‘Commission’’) a proposed rule change to amend Open-Close Data fees. The text of the proposed rule change is provided in Exhibit 5. The text of the proposed rule change is also available on the Exchange’s website (https://markets.cboe.com/us/ options/regulation/rule_filings/ctwo/), at the Exchange’s Office of the Secretary, 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. 27 See 28 15 VerDate Sep<11>2014 19:19 Jun 23, 2021 1 15 30 17 Jkt 253001 PO 00000 CFR 200.30–3(a)(12). Frm 00194 Fmt 4703 Sfmt 4703 33399 2 17 E:\FR\FM\24JNN1.SGM U.S.C. 78s(b)(1). CFR 240.19b–4. 24JNN1 33400 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change khammond on DSKJM1Z7X2PROD with NOTICES 1. Purpose The Exchange proposes to amend its Fees Schedule to (i) adopt an academic discount for its historical End-of-Day Open-Close and Intraday Open-Close data and (ii) offer a free trial during the months of June and July 2021 for an adhoc request of three (3) historical months of Intraday Open-Close historical data to all Trading Permit Holders (‘‘TPHs’’) and non-TPHs who have never before subscribed to the Intraday Open-Close historical files. By way of background, the Exchange historically offered Open-Close Data, which is an end-of-day volume summary of trading activity on the Exchange at the option level by origin (customer, professional customer, broker-dealer, and market maker), side of the market (buy or sell), price, and transaction type (opening or closing) (‘‘End-of-Day Open-Close Data’’). The customer and professional customer volume is further broken down into trade size buckets (less than 100 contracts, 100–199 contracts, greater than 199 contracts). The End-of-Day Open-Close Data is proprietary C2 Options trade data and does not include trade data from any other exchange. It is also a historical data product and not a real-time data feed. The recently adopted Intraday Open-Close Data provides similar information to that of End-of-Day Open-Close Data but is produced and updated every 10 minutes during the trading day. Data is captured in ‘‘snapshots’’ taken every 10 minutes throughout the trading day and is available to subscribers within five minutes of the conclusion of each 10minute period.3 The Intraday OpenClose Data provides a volume summary of trading activity on the Exchange at the option level by origin (customer, professional customer, broker-dealer, and market maker), side of the market (buy or sell), and transaction type (opening or closing). The customer and professional customer volume are further broken down into trade size buckets (less than 100 contracts, 100– 199 contracts, greater than 199 contracts). The Intraday Open-Close 3 For example, subscribers to the intraday product will receive the first calculation of intraday data by approximately 9:42 a.m. ET, which represents data captured from 9:30 a.m. to 9:40 a.m. Subscribers will receive the next update at 9:52 a.m., representing the data previously provided together with data captured from 9:40 a.m. through 9:50 a.m., and so forth. Each update will represent the aggregate data captured from the current ‘‘snapshot’’ and all previous ‘‘snapshots.’’ VerDate Sep<11>2014 19:19 Jun 23, 2021 Jkt 253001 Data is also proprietary C2 Options trade data and does not include trade data from any other exchange. Cboe LiveVol, LLC (‘‘LiveVol’’), a wholly owned subsidiary of the Exchange’s parent company, Cboe Global Markets, Inc., makes the Open-Close Data and Intraday Open-Close Data available for purchase to TPHs and non-TPHs on the LiveVol DataShop website (datashop.cboe.com). Customers may currently purchase End-of-Day OpenClose Data on a subscription basis ($500 per month) or by ad hoc request for a specified historical month ($400 per request per month). Customers may also purchase Intraday Open-Close Data on a subscription basis ($1,000 per month or $12,000 per year) or by ad hoc request for a specified historical month ($500 per request per month). The Exchange now proposes to adopt an academic discount for ad-hoc requests of historical months of these data sets. Specifically, the Exchange proposes to charge qualifying academic purchasers $500 per year for the first year (instead of $4,800 per year) for historical End-of-Day Open-Close Data and $1,000 per year for the first year (instead of $6,000 per year) for historical Intraday Open-Close Data. Additional months after the first year may be purchased separately and will be assessed a prorated amount based on the yearly rate (i.e., $41.67 per month for historical End-of-Day Open-Close and $83.33 per month for historical Intraday Open-Close). Particularly, the Exchange believes that academic institutions and researchers provide a valuable service for the Exchange in studying and promoting the options market. Though academic institutions and researchers have need for granular options data sets, they do not trade upon the data for which they subscribe. The Exchange believes the proposed reduced fee for qualifying academic purchasers of historical End-of-Day Open-Close Data and Intraday Open-Close Data will encourage and promote academic studies of its market data by academic institutions. In order to qualify for the academic pricing, an academic purchaser must be (1) an accredited academic institution or member of the faculty or staff of such an institution, (2) that will use the data in independent academic research, academic journals and other publications, teaching and classroom use, or for other bona fide educational purposes (i.e. academic use). Furthermore, use of the data must be limited to faculty and students of an accredited academic institution, and any commercial or profit-seeking usage is excluded. Academic pricing will not PO 00000 Frm 00195 Fmt 4703 Sfmt 4703 be provided to any purchaser whose research is funded by a securities industry participant. LiveVol subscriber policies will reflect the academic discount program, and academic users interested in qualifying will be required to submit a brief application. LiveVol Business Development will have the discretion to review and approve such applications and request additional information when it deems necessary. The Exchange notes that another exchange currently offers an academic discount for a similar data feed.4 Additionally, the Exchange’s affiliate Cboe Exchange, Inc. (‘‘Cboe Options’’) offers an academic discount for historical End-of-Day Open-Close and Intraday Open-Close Data products.5 The Exchange recognizes the high value of academic research and educational instruction and publications, and believes that the proposed academic discount for historical End-of-Day Open-Close Data and Intraday OpenClose Data will encourage the promotion of academic research of the options industry, which will serve to benefit all market participants while also opening up a new potential user base among students. Finally, the Exchange notes that academic purchasers’ ad hoc requests of historical End-of-Day Open-Close an Intraday Open-Close Data would be educational in use and purpose, and not vocational. The Exchange next seeks to adopt a free trial for historical ad hoc requests for Intraday Open-Close Data for new purchasers. Particularly, the Exchange proposes to adopt a free trial available during the months of June and July 2021 to provide up to three (3) historical months of Intraday Open-Close Data to any TPH or non-TPH that has not previously subscribed to this offering.6 The Exchange believes the proposed trial will serve as an incentive for new users to start purchasing Intraday OpenClose historical data. More specifically, the Exchange believes it will give potential subscribers the ability to use 4 See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A., Nasdaq ISE Open/Close Trade Profile Intraday. 5 See Cboe Options Fees Schedule, Livevol Fees, Open Close Data. 6 For example, if a TPH or non-TPH that has never made an ad-hoc request for a specified month of Intraday Open-Close historical data wishes to purchase Intraday Open-Close Data for the months of January, February and March 2021 during the month of June 2021, the historical files for those months would be provided free of charge. If a new user wishes to purchase Intraday Open-Close historical data for the months of January, February, March and April 2021 during the month of June 2021, then the data for January, February and March 2021 would be provided free of charge, and the new user would be charged $1,000 for the April 2021 historical file. E:\FR\FM\24JNN1.SGM 24JNN1 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES and test the data offering before signing up for additional months. The Exchange also notes another exchange offers a free trial for new subscribers of a similar data product.7 Lastly, the purchase of Intraday Open-Close historical data is discretionary and not compulsory. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,8 in general, and furthers the objectives of Section 6(b)(5) of the Act,9 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, 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 to protect investors and the public interest, and that it is not designed to permit unfair discrimination among customers, brokers, or dealers. The Exchange also believes that its proposal to adopt fees for Intraday Open-Close Data is consistent with Section 6(b) of the Act in general, and furthers the objectives of Section 6(b)(4) of the Act 10 in particular, in that it is an equitable allocation of dues, fees and other charges among its members and other recipients of Exchange data. In particular, the Exchange believes that the discount for qualifying academic purchasers of the ad hoc historical End-of-Day Open-Close and Intraday Open-Close Data is reasonable because academic users are not able to monetize access to the data as they do not trade on the data set. The Exchange believes the proposed discount will allow for more academic institutions and faculty members to purchase historical End-of-Day Open-Close and Intraday Open-Close Data, and, as a result, promote research and studies of the options industry to the benefit of all market participants. The Exchange believes that the proposed discount is equitable and not unfairly discriminatory because it will apply equally to all academic users that submit applications and meet the accredited academic institution or faculty member and academic use criteria. As stated above, qualified academic users will subscribe to the data set for educational use and purposes and are not permitted to use the data for commercial or monetizing purposes, nor can qualify if they are 7 See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A., Nasdaq ISE Open/Close Trade Profile End of Day. 8 15 U.S.C. 78f. 9 15 U.S.C. 78f(b)(5). 10 15 U.S.C. 78f(b)(4). VerDate Sep<11>2014 19:19 Jun 23, 2021 Jkt 253001 funded by an industry participant. As a result, the Exchange believes the proposed discount is equitable and not unfairly discriminatory because it maintains equal treatment for all industry participants or other subscribers that use the data for vocational, commercial or other forprofit purposes. The Exchange also believes that the proposed free trial for any TPH or nonTPH who has not previously purchased Intraday Open-Close historical data is reasonable because such users would not be subject to fees for up to 3 months’ worth of Intraday Open-Close historical data. The Exchange believes the proposed free trial is also reasonable as it will give potential subscribers the ability to use and test the Intraday Open-Close historical data prior to purchasing additional months and will therefore encourage and promote new users to purchase the Intraday OpenClose historical data. The Exchange believes that the proposed discount is equitable and not unfairly discriminatory because it will apply equally to all TPHs and non-TPHs who have not previously purchased Intraday Open-Close historical data. Lastly, as noted above, another exchange offers a free trial to new users for a similar data product 11 and purchase of this data product is discretionary and not compulsory. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe that the proposed rule change will impose any burden on intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act because the proposed rule change relating to the academic discount will apply to all qualifying academic purchasers uniformly. While the proposed fee reduction applies only to qualifying academic purchasers, academic purchasers’ research and publications as a result of access to historical market data benefits all market participants. The Exchange also does not believe that the proposed rule change relating to the free trial will impose any burden on intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act because the proposed rule change will apply to all TPHs and non-TPHs who have never made an ad-hoc request to purchase Intraday Open-Close historical data. Moreover, purchase of Intraday OpenClose historical files is discretionary and not compulsory. The Exchange also does not believe that the proposed rule change will impose any burden on intermarket competition that is not necessary or appropriate in furtherance of the purposes of the Act because the proposed change applies only to the Exchange. Furthermore, another exchange currently offers similar historical data to academic users at a discounted price as well as a similar free-trial period for similar data.12 C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change is effective upon filing pursuant to Section 19(b)(3)(A) 13 of the Act and subparagraph (f)(2) of Rule 19b–4 14 thereunder, because it establishes a due, fee, or other charge imposed by the Exchange. At any time within 60 days of the filing of such 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 under Section 19(b)(2)(B) 15 of the Act to determine whether the proposed rule change 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: 12 Id. 11 See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A., Nasdaq ISE Open/Close Trade Profile End of Day. PO 00000 Frm 00196 Fmt 4703 Sfmt 4703 33401 13 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(2). 15 15 U.S.C. 78s(b)(2)(B). 14 17 E:\FR\FM\24JNN1.SGM 24JNN1 33402 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices 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– C2–2021–010 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. khammond on DSKJM1Z7X2PROD with NOTICES All submissions should refer to File Number SR–C2–2021–010. 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 website (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 website 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 the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–C2–2021–010 and should be submitted on or before July 15, 2021. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.16 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2021–13284 Filed 6–23–21; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–92206; File No. SR–BOX– 2021–14] Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing of Proposed Rule Change in Connection With the Proposed Commencement of Operations of Boston Security Token Exchange LLC (‘‘BSTX’’) June 17, 2021. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on June 7, 2021, BOX Exchange LLC (the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange is submitting this Proposed Rule Change to the Commission in connection with the establishment of Boston Security Token Exchange LLC (the ‘‘Company’’ or ‘‘BSTX’’), as a facility, of the Exchange. In this Proposed Rule Change, the proposed Second Amended and Restated Limited Liability Company Agreement of the Company dated December 24, 2019 (the ‘‘LLC Agreement’’), is attached as Exhibit 5A hereto [sic]. The text of the proposed rule change is available from the principal office of the Exchange, at the Commission’s Public Reference Room and also on the Exchange’s internet website at https://boxoptions.com. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange is submitting this Proposed Rule Change to the Commission in connection with the proposed establishment of BSTX as a facility of the Exchange, as that term is defined in Section 3(a)(2) of the Act.3 Pending trading rules filed as part of a separate rule filing pursuant to the rule filing process under Section 19 of the Act and approved by the Commission, BSTX will operate the BSTX Market.4 The Proposed Rule Change is to establish BSTX as a facility of the Exchange and, without trading rules approved by the Commission, will not permit BSTX to commence operations of the BSTX Market. However, the approval of the Proposed Rule Change, and BSTX as a facility of the Exchange, will trigger the regulatory oversight responsibilities of the Exchange with respect to BSTX. BSTX is controlled jointly by BOX Digital, a Delaware limited liability company and a subsidiary of BOX Holdings Group LLC, and tZERO Group, Inc., a Delaware corporation and an affiliate of Overstock.com, Inc. BSTX is an affiliate of the Exchange and, when approved as a facility of the Exchange, will be subject to regulatory oversight by the Exchange. In addition, the Exchange will enter into a facility agreement with BSTX (the ‘‘Facility Agreement’’) pursuant to which the Exchange will regulate the Company as a facility of the Exchange. The Exchange’s powers and authority under the Facility Agreement ensure that the Exchange has full regulatory control over BSTX, which is designed to prevent any owner of BSTX from exercising undue influence over the regulated activities of the Company. The Exchange will also provide certain business services to the Company such as providing human resources and office technology support pursuant to an administrative services agreement between the Exchange and BSTX. The LLC Agreement is the source of governance and operating authority for the Company and, therefore, functions in a similar manner as articles of incorporation and bylaws would function for a corporation. The Exchange submitted a separate filing to establish rules relating to trading on 3 15 U.S.C. 78c(a)(2). Securities Exchange Act Release No. 92017 (May 25, 2021), 86 FR 29634 (June 2, 2021) (‘‘BSTX Rulebook Proposal’’). 4 See 1 15 16 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 19:19 Jun 23, 2021 2 17 Jkt 253001 PO 00000 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00197 Fmt 4703 Sfmt 4703 E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33399-33402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13284]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92173; File No. SR-C2-2021-010]


Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Relating 
To Amend Its Fees Schedule

June 14, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on June 1, 2021, Cboe C2 Exchange, Inc. (the ``Exchange'' or 
``C2'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the Exchange. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') is filing with 
the Securities and Exchange Commission (``Commission'') a proposed rule 
change to amend Open-Close Data fees. The text of the proposed rule 
change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the 
Exchange's website (https://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange's Office of the Secretary, 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.

[[Page 33400]]

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Fees Schedule to (i) adopt an 
academic discount for its historical End-of-Day Open-Close and Intraday 
Open-Close data and (ii) offer a free trial during the months of June 
and July 2021 for an ad-hoc request of three (3) historical months of 
Intraday Open-Close historical data to all Trading Permit Holders 
(``TPHs'') and non-TPHs who have never before subscribed to the 
Intraday Open-Close historical files.
    By way of background, the Exchange historically offered Open-Close 
Data, which is an end-of-day volume summary of trading activity on the 
Exchange at the option level by origin (customer, professional 
customer, broker-dealer, and market maker), side of the market (buy or 
sell), price, and transaction type (opening or closing) (``End-of-Day 
Open-Close Data''). The customer and professional customer volume is 
further broken down into trade size buckets (less than 100 contracts, 
100-199 contracts, greater than 199 contracts). The End-of-Day Open-
Close Data is proprietary C2 Options trade data and does not include 
trade data from any other exchange. It is also a historical data 
product and not a real-time data feed. The recently adopted Intraday 
Open-Close Data provides similar information to that of End-of-Day 
Open-Close Data but is produced and updated every 10 minutes during the 
trading day. Data is captured in ``snapshots'' taken every 10 minutes 
throughout the trading day and is available to subscribers within five 
minutes of the conclusion of each 10-minute period.\3\ The Intraday 
Open-Close Data provides a volume summary of trading activity on the 
Exchange at the option level by origin (customer, professional 
customer, broker-dealer, and market maker), side of the market (buy or 
sell), and transaction type (opening or closing). The customer and 
professional customer volume are further broken down into trade size 
buckets (less than 100 contracts, 100-199 contracts, greater than 199 
contracts). The Intraday Open-Close Data is also proprietary C2 Options 
trade data and does not include trade data from any other exchange. 
Cboe LiveVol, LLC (``LiveVol''), a wholly owned subsidiary of the 
Exchange's parent company, Cboe Global Markets, Inc., makes the Open-
Close Data and Intraday Open-Close Data available for purchase to TPHs 
and non-TPHs on the LiveVol DataShop website (datashop.cboe.com). 
Customers may currently purchase End-of-Day Open-Close Data on a 
subscription basis ($500 per month) or by ad hoc request for a 
specified historical month ($400 per request per month). Customers may 
also purchase Intraday Open-Close Data on a subscription basis ($1,000 
per month or $12,000 per year) or by ad hoc request for a specified 
historical month ($500 per request per month).
---------------------------------------------------------------------------

    \3\ For example, subscribers to the intraday product will 
receive the first calculation of intraday data by approximately 9:42 
a.m. ET, which represents data captured from 9:30 a.m. to 9:40 a.m. 
Subscribers will receive the next update at 9:52 a.m., representing 
the data previously provided together with data captured from 9:40 
a.m. through 9:50 a.m., and so forth. Each update will represent the 
aggregate data captured from the current ``snapshot'' and all 
previous ``snapshots.''
---------------------------------------------------------------------------

    The Exchange now proposes to adopt an academic discount for ad-hoc 
requests of historical months of these data sets. Specifically, the 
Exchange proposes to charge qualifying academic purchasers $500 per 
year for the first year (instead of $4,800 per year) for historical 
End-of-Day Open-Close Data and $1,000 per year for the first year 
(instead of $6,000 per year) for historical Intraday Open-Close Data. 
Additional months after the first year may be purchased separately and 
will be assessed a prorated amount based on the yearly rate (i.e., 
$41.67 per month for historical End-of-Day Open-Close and $83.33 per 
month for historical Intraday Open-Close). Particularly, the Exchange 
believes that academic institutions and researchers provide a valuable 
service for the Exchange in studying and promoting the options market. 
Though academic institutions and researchers have need for granular 
options data sets, they do not trade upon the data for which they 
subscribe. The Exchange believes the proposed reduced fee for 
qualifying academic purchasers of historical End-of-Day Open-Close Data 
and Intraday Open-Close Data will encourage and promote academic 
studies of its market data by academic institutions. In order to 
qualify for the academic pricing, an academic purchaser must be (1) an 
accredited academic institution or member of the faculty or staff of 
such an institution, (2) that will use the data in independent academic 
research, academic journals and other publications, teaching and 
classroom use, or for other bona fide educational purposes (i.e. 
academic use). Furthermore, use of the data must be limited to faculty 
and students of an accredited academic institution, and any commercial 
or profit-seeking usage is excluded. Academic pricing will not be 
provided to any purchaser whose research is funded by a securities 
industry participant. LiveVol subscriber policies will reflect the 
academic discount program, and academic users interested in qualifying 
will be required to submit a brief application. LiveVol Business 
Development will have the discretion to review and approve such 
applications and request additional information when it deems 
necessary.
    The Exchange notes that another exchange currently offers an 
academic discount for a similar data feed.\4\ Additionally, the 
Exchange's affiliate Cboe Exchange, Inc. (``Cboe Options'') offers an 
academic discount for historical End-of-Day Open-Close and Intraday 
Open-Close Data products.\5\ The Exchange recognizes the high value of 
academic research and educational instruction and publications, and 
believes that the proposed academic discount for historical End-of-Day 
Open-Close Data and Intraday Open-Close Data will encourage the 
promotion of academic research of the options industry, which will 
serve to benefit all market participants while also opening up a new 
potential user base among students. Finally, the Exchange notes that 
academic purchasers' ad hoc requests of historical End-of-Day Open-
Close an Intraday Open-Close Data would be educational in use and 
purpose, and not vocational.
---------------------------------------------------------------------------

    \4\ See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A., 
Nasdaq ISE Open/Close Trade Profile Intraday.
    \5\ See Cboe Options Fees Schedule, Livevol Fees, Open Close 
Data.
---------------------------------------------------------------------------

    The Exchange next seeks to adopt a free trial for historical ad hoc 
requests for Intraday Open-Close Data for new purchasers. Particularly, 
the Exchange proposes to adopt a free trial available during the months 
of June and July 2021 to provide up to three (3) historical months of 
Intraday Open-Close Data to any TPH or non-TPH that has not previously 
subscribed to this offering.\6\ The Exchange believes the proposed 
trial will serve as an incentive for new users to start purchasing 
Intraday Open-Close historical data. More specifically, the Exchange 
believes it will give potential subscribers the ability to use

[[Page 33401]]

and test the data offering before signing up for additional months. The 
Exchange also notes another exchange offers a free trial for new 
subscribers of a similar data product.\7\ Lastly, the purchase of 
Intraday Open-Close historical data is discretionary and not 
compulsory.
---------------------------------------------------------------------------

    \6\ For example, if a TPH or non-TPH that has never made an ad-
hoc request for a specified month of Intraday Open-Close historical 
data wishes to purchase Intraday Open-Close Data for the months of 
January, February and March 2021 during the month of June 2021, the 
historical files for those months would be provided free of charge. 
If a new user wishes to purchase Intraday Open-Close historical data 
for the months of January, February, March and April 2021 during the 
month of June 2021, then the data for January, February and March 
2021 would be provided free of charge, and the new user would be 
charged $1,000 for the April 2021 historical file.
    \7\ See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A., 
Nasdaq ISE Open/Close Trade Profile End of Day.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\8\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\9\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
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 to protect investors and the public 
interest, and that it is not designed to permit unfair discrimination 
among customers, brokers, or dealers. The Exchange also believes that 
its proposal to adopt fees for Intraday Open-Close Data is consistent 
with Section 6(b) of the Act in general, and furthers the objectives of 
Section 6(b)(4) of the Act \10\ in particular, in that it is an 
equitable allocation of dues, fees and other charges among its members 
and other recipients of Exchange data.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In particular, the Exchange believes that the discount for 
qualifying academic purchasers of the ad hoc historical End-of-Day 
Open-Close and Intraday Open-Close Data is reasonable because academic 
users are not able to monetize access to the data as they do not trade 
on the data set. The Exchange believes the proposed discount will allow 
for more academic institutions and faculty members to purchase 
historical End-of-Day Open-Close and Intraday Open-Close Data, and, as 
a result, promote research and studies of the options industry to the 
benefit of all market participants. The Exchange believes that the 
proposed discount is equitable and not unfairly discriminatory because 
it will apply equally to all academic users that submit applications 
and meet the accredited academic institution or faculty member and 
academic use criteria. As stated above, qualified academic users will 
subscribe to the data set for educational use and purposes and are not 
permitted to use the data for commercial or monetizing purposes, nor 
can qualify if they are funded by an industry participant. As a result, 
the Exchange believes the proposed discount is equitable and not 
unfairly discriminatory because it maintains equal treatment for all 
industry participants or other subscribers that use the data for 
vocational, commercial or other for-profit purposes.
    The Exchange also believes that the proposed free trial for any TPH 
or non-TPH who has not previously purchased Intraday Open-Close 
historical data is reasonable because such users would not be subject 
to fees for up to 3 months' worth of Intraday Open-Close historical 
data. The Exchange believes the proposed free trial is also reasonable 
as it will give potential subscribers the ability to use and test the 
Intraday Open-Close historical data prior to purchasing additional 
months and will therefore encourage and promote new users to purchase 
the Intraday Open-Close historical data. The Exchange believes that the 
proposed discount is equitable and not unfairly discriminatory because 
it will apply equally to all TPHs and non-TPHs who have not previously 
purchased Intraday Open-Close historical data. Lastly, as noted above, 
another exchange offers a free trial to new users for a similar data 
product \11\ and purchase of this data product is discretionary and not 
compulsory.
---------------------------------------------------------------------------

    \11\ See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A., 
Nasdaq ISE Open/Close Trade Profile End of Day.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange does not 
believe that the proposed rule change will impose any burden on 
intramarket competition that is not necessary or appropriate in 
furtherance of the purposes of the Act because the proposed rule change 
relating to the academic discount will apply to all qualifying academic 
purchasers uniformly. While the proposed fee reduction applies only to 
qualifying academic purchasers, academic purchasers' research and 
publications as a result of access to historical market data benefits 
all market participants. The Exchange also does not believe that the 
proposed rule change relating to the free trial will impose any burden 
on intramarket competition that is not necessary or appropriate in 
furtherance of the purposes of the Act because the proposed rule change 
will apply to all TPHs and non-TPHs who have never made an ad-hoc 
request to purchase Intraday Open-Close historical data. Moreover, 
purchase of Intraday Open-Close historical files is discretionary and 
not compulsory.
    The Exchange also does not believe that the proposed rule change 
will impose any burden on intermarket competition that is not necessary 
or appropriate in furtherance of the purposes of the Act because the 
proposed change applies only to the Exchange. Furthermore, another 
exchange currently offers similar historical data to academic users at 
a discounted price as well as a similar free-trial period for similar 
data.\12\
---------------------------------------------------------------------------

    \12\ Id.
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received written comments on 
the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \14\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under 
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

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

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:

[[Page 33402]]

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-C2-2021-010 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-C2-2021-010. 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 website (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 website 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 the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-C2-2021-010 and should be submitted on 
or before July 15, 2021.

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

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-13284 Filed 6-23-21; 8:45 am]
BILLING CODE 8011-01-P

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