80_FR_36512 80 FR 36391 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc.

80 FR 36391 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 121 (June 24, 2015)

Page Range36391-36393
FR Document2015-15451

Federal Register, Volume 80 Issue 121 (Wednesday, June 24, 2015)
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36391-36393]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15451]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75243; File No. SR-BATS-2015-45]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Related to 
Fees for Use of BATS Exchange, Inc.

June 18, 2015.
    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 9, 2015, BATS Exchange, Inc. (the ``Exchange'' or 
``BATS'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend its fees and rebates 
applicable to Members \5\ of the Exchange pursuant to Rule 15.1(a) and 
(c) (``Fee Schedule'') to adopt fees applicable to Members of the 
Exchange's equity options platform (``BATS Options'') for the use of a 
communication and routing service known as BATS Connect. Changes to the 
fee schedule pursuant to this proposal are effective upon filing.
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    \5\ A Member is defined as ``any registered broker or dealer 
that has been admitted to membership in the Exchange.'' See Exchange 
Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, 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 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 proposes to adopt fees applicable to Members of BATS 
Options for the use of a communication and routing service known as 
BATS Connect.
    On May 26 [sic], 2015, the Exchange filed a proposed rule change 
with the Commission to adopt a communication and routing service known 
as BATS Connect.\6\ The Exchange now proposes to adopt fees related to 
the use of BATS Connect that are equal to the fees charged for an 
identical service, also called BATS Connect, offered by the Exchange's 
affiliate, EDGX.\7\ The Exchange notes that BATS Connect will be 
offered by all of the Exchange's affiliated equity exchanges but that 
the fees are also appropriately set forth on the fee schedule of BATS 
Options because BATS Connect will be offered to all Exchange Members, 
including Members that participate primarily or exclusively on BATS 
Options.
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    \6\ See file no. SR-BATS-2015-40.
    \7\ See the EDGX fee schedule available at http://batstrading.com/support/fee_schedule/edgx/. See also Securities 
Exchange Act Release No. 73780 (December 8, 2014), 79 FR 73942 
(December 12, 2014) (SR-EDGX-2014-28) and file no. SR-EDGX-2015-27.
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    BATS Connect is offered by the Exchange on a voluntary basis in a 
capacity similar to a vendor. In sum, BATS Connect is a communication 
service that provides subscribers an additional means to receive market 
data from and route orders to any destination connected to the 
Exchange's network. BATS Connect does not provide any advantage to 
subscribers for connecting to the Exchange's affiliates \8\ as compared 
to other method of connectivity available to subscribers. The servers 
of the subscriber need not be located in the same facilities as the 
Exchange in order to subscribe to BATS Connect. Subscribers may also 
seek to utilize BATS Connect in the event of a market disruption where 
other alternative connection methods become unavailable.
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    \8\ The Exchange's affiliated exchanges are EDGX, EDGA Exchange, 
Inc. (``EDGA''), and BATS Y-Exchange, Inc. (``BYX''). The Exchange 
understands that its affiliated exchanges intend to file identical 
proposed rule changes to adopt the fees for the BATS Connect service 
with the Commission. The Exchange also notes that its affiliated 
exchanges have also filed proposed rule changes with the Commission 
to adopt rules describing the BATS Connect service.
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    The Exchange will charge a monthly connectivity fee to subscribers 
utilizing BATS Connect to route orders to other exchanges and broker-
dealers that are connected to the Exchange's network. The amount of the 
connectivity fee varies based solely on the bandwidth selected by the 
subscriber. Specifically, the Exchange proposes to charge $350 for 1 
Mb, $700 for 5 Mb, $950 for 10 Mb, $1,500 for 25 Mb, $2,500 for 50 Mb, 
and $3,500 for 100 Mb.
    BATS Connect would also allow subscribers to receive market data 
feeds from the exchanges connected to the Exchange's network. In such 
case, the subscriber would pay the Exchange a connectivity fee, which 
varies and is based solely on the amount of bandwidth required to 
transmit the selected data product to the subscriber. The proposed 
connectivity fees are set forth in the Exhibit 5 attached hereto and 
range from no charge to $11,500 based on the market data product the 
subscriber selects.
    The Exchange also proposes to adopt a discounted fee of $4,160 per 
month for subscribers who purchase connectivity to a bundle of select 
market data products. The following market data

[[Page 36392]]

products would be included in the bundle: UQDF/UTDF/OMDF, CQS/CTS, 
Nasdaq TotalView, Nasdaq BX TotalView, Nasdaq PSX TotalView, NYSE 
ArcaBook, NYSE MKT OpenBook Ultra, and BBS/TTDS. Absent the discount, a 
subscriber purchasing connectivity through BATS Connect for each of 
these market data products would pay a total monthly fee of $5,200. As 
proposed, a subscriber who purchases connectivity to each of the above 
market data products would be charged a monthly fee of $4,160, which 
represents a 20% discount. The subscribers would pay any fees charged 
by the exchange providing the market data feed directly to that 
exchange.
    The Exchange notes that it will not charge a fee to subscribers 
utilizing BATS Connect to route orders to or receive market data 
products from the Exchange's affiliates, EDGX, EDGA, and BYX. BATS 
Connect provides subscribers a means to access exchanges and market 
centers on the Exchange's network. In all cases, BATS Connect 
subscribers would continue to be liable for the necessary fees charged 
by that exchange or market center, including any required connectivity 
fees. Market participants who chose a method other than BATS Connect to 
connect to another exchange or market center would also pay any 
required connectivity fees directly to that exchange or market center. 
Likewise, BATS Connect subscribers would be liable for any connectivity 
fees charged by the Exchange's affiliate.
Implementation Date
    The Exchange proposes to implement these amendments to its Fee 
Schedule immediately.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\9\ in general, and 
furthers the objectives of Section 6(b)(4),\10\ in particular, as it is 
designed to provide for the equitable allocation of reasonable dues, 
fees and other charges among its Members and other persons using its 
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct 
order flow to competing venues if they deem fee levels at a particular 
venue to be excessive. The Exchange believes that the proposed rates 
are equitable and non-discriminatory in that they apply uniformly to 
all Members.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
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    The Exchange also believes that its proposal is consistent with 
Section 6(b)(4) of the Act,\11\ in that it provides for the equitable 
allocation of reasonable dues, fees and other charges among members and 
other persons using its facilities. First, the Exchange will charge a 
connectivity fee to subscribers utilizing BATS Connect to route orders 
to other exchanges and market centers that are connected to the 
Exchange's network, which varies based solely on the amount of 
bandwidth selected by the subscriber. The amounts of the connectivity 
fees are also reasonable as compared to similar fees charged by other 
exchanges. For purposes of order routing, the Exchange proposes to 
charge $350 for 1 Mb, $700 for 5 Mb, $950 for 10 Mb, $1,500 for 25 Mb, 
$2,500 for 50 Mb, and $3,500 for 100 Mb. The New York Stock Exchange, 
Inc. (``NYSE'') currently charges $300 for 1 Mb, $700 for 5 Mb, $900 
for 10 Mb, $1,500 for 25 Mb, $2,000 for 50 Mb, and $2,600 for 100 
Mb.\12\ The Exchange notes that, overall, the connectivity fee for 
routing of orders to other market centers proposed by the Exchange is 
similar to that charged by the NYSE.
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    \11\ 15 U.S.C. 78f(b)(4).
    \12\ See NYSE's SFTI Americas Product and Service List available 
at http://www.nyxdata.com/docs/connectivity.
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    Second, with regard to utilizing BATS Connect to receive market 
data products from other exchanges, the Exchange would only charge 
subscribers a connectivity fee, the amount of which is based solely on 
the amount of bandwidth required to transmit that specific data product 
to the subscribers. The amounts of the connectivity fees are also 
reasonable as compared to similar fees charged by other exchanges. For 
example, for market data connectivity, the Nasdaq Stock Market LLC 
(``Nasdaq'') charges $1,412 per month for CQS/CTS data feed, and the 
Exchange proposes to charge $1,000 per month connectivity for CQS/CTS 
data feed.\13\ The Exchange notes that, overall, the connectivity fee 
for receipt of other market centers' data feed proposed by the Exchange 
is similar to that charged by Nasdaq.
---------------------------------------------------------------------------

    \13\ See Nasdaq Rule 7034 (setting forth Nasdaq's connectivity 
fees for receipt of third party market data products).
---------------------------------------------------------------------------

    The Exchange believes it is reasonable to offer such discounted 
pricing to subscribers who purchase connectivity to a bundle of market 
data products as it would enable them to reduce their overall 
connectivity costs for the receipt of market data. As stated above, 
BATS Connect is offered and purchased on a voluntary basis and 
subscribers can discontinue use at any time and for any reason, 
including due to an assessment of the reasonableness of fees charged. 
Moreover, the Exchange believes the proposed fees are reasonable and 
equitable because they continue to be based on the Exchange's costs to 
cover the amount of bandwidth required to provide connectivity to the 
select bundle of data feeds. The proposed fees will continue to allow 
the Exchange to recoup this cost, while providing subscribers with an 
alternative means to connect to the select bundle of data feeds at a 
discounted rate.
    The subscribers would pay any fees: (i) charged by the exchange 
providing the market data feed directly to that exchange (ii) charged 
by a market center to which they routed an order and an execution 
occurred directly to that market center. The Exchange itself would not 
charge any additional fees.\14\ BATS Connect is offered and purchased 
on a voluntary basis, in that neither the Exchange nor subscribers are 
required by any rule or regulation to make this product available. 
Accordingly, subscribers can discontinue use at any time and for any 
reason, including due to an assessment of the reasonableness of fees 
charged.
---------------------------------------------------------------------------

    \14\ The Exchange's rules and fees would not address the fees or 
manner of operation of any destination to which the subscriber asked 
that an order be routed.
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    Moreover, the Exchange believes the proposed fees are reasonable 
and equitable because they are based on the Exchange's costs to cover 
hardware, installation, testing and connection, as well as expenses 
involved in maintaining and managing the service. The proposed fees 
allow the Exchange to recoup these costs, while providing subscribers 
with an alternative means to connect to other exchange and market 
centers. The Exchange believes that the proposed fees are reasonable 
and equitable in that they reflect the costs and the benefit of 
providing alternative connectivity.
    The Exchange also believes it is equitable and reasonable to 
provide BATS Connect to subscribers for no charge to route orders to or 
receive market data products from the Exchange's affiliates. BATS 
Connect provides subscribers a means to access exchanges and market 
centers on the Exchange's network. In all cases, BATS Connect 
subscribers would continue to be liable for the necessary fees charged 
by the Exchange, its affiliate, or another exchange or market center, 
including any required connectivity fees. As stated above, BATS Connect 
is offered and purchased on a voluntary basis, and subscribers and 
market participants may

[[Page 36393]]

choose an alternative method to connect to the Exchange, its 
affiliates, or another exchange or market center connected to the 
Exchange's network. Such other services may also offer at no charge 
connectivity to certain exchanges or a group of exchanges.\15\ 
Therefore, the Exchange believes that the providing BATS Connect to 
subscribers at no charge to route orders to or receive market data 
products from the Exchange's affiliates is reasonable and equitable as 
they will continue to be liable to the Exchange or its affiliate for 
any required connectivity fees.
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    \15\ See NYSE's SFTI Americas Product and Service List available 
at http://www.nyxdata.com/docs/connectivity (offering at no charge 
connectivity to the NYSE, NYSE MKT LLC, and NYSE Arca, Inc.).
---------------------------------------------------------------------------

    Lastly, the Exchange also believes that the proposed amendments to 
its fee schedule are non-discriminatory because they will apply 
uniformly to all subscribers. All subscribers that voluntarily select 
various service options will be charged the same amount for the same 
services. All subscribers have the option to select any connectivity 
option, and there is no differentiation among subscribers with regard 
to the fees charged for the service. Further, the benefits of selecting 
such services are the same for all subscribers, irrespective of whether 
their servers are located in the same facility as the Exchange.

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

    The Exchange believes its proposed amendments to its Fee Schedule 
would not impose any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange 
does not believe the proposed fees for BATS Connect will result in any 
burden on competition. The proposed rule change is designed to provide 
subscribers with an alternative means to access other market centers on 
the Exchange's network if they choose or in the event of a market 
disruption where other alternative connection methods become 
unavailable. BATS Connect is not the exclusive method to connect to 
these market centers and subscribers may utilize alternative methods to 
connect to the product if they believe the Exchange's proposed pricing 
is unreasonable or otherwise. Therefore, the Exchange does not believe 
the proposed rule change will have any effect on competition.

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from Members or other interested 
parties.

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) of the Act \16\ and paragraph (f) of Rule 19b-4 
thereunder.\17\ 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.
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BATS-2015-45 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-BATS-2015-45. 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 (http://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 will also 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-BATS-2015-45 and should be 
submitted on or before July 15, 2015.
    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).

Brent J. Fields,
Secretary.
[FR Doc. 2015-15451 Filed 6-23-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices                                                  36391

                                              Reference Room, 100 F Street NE.,                        I. Self-Regulatory Organization’s                      be offered by all of the Exchange’s
                                              Washington, DC 20549 on official                         Statement of the Terms of Substance of                 affiliated equity exchanges but that the
                                              business days between the hours of 10                    the Proposed Rule Change                               fees are also appropriately set forth on
                                              a.m. and 3 p.m. Copies of such filing                       The Exchange filed a proposal to                    the fee schedule of BATS Options
                                              also will be available for inspection and                amend its fees and rebates applicable to               because BATS Connect will be offered
                                              copying at the principal offices of                      Members 5 of the Exchange pursuant to                  to all Exchange Members, including
                                              FINRA. All comments received will be                     Rule 15.1(a) and (c) (‘‘Fee Schedule’’) to             Members that participate primarily or
                                              posted without change; the Commission                    adopt fees applicable to Members of the                exclusively on BATS Options.
                                                                                                       Exchange’s equity options platform                        BATS Connect is offered by the
                                              does not edit personal identifying
                                                                                                       (‘‘BATS Options’’) for the use of a                    Exchange on a voluntary basis in a
                                              information from submissions. You
                                                                                                       communication and routing service                      capacity similar to a vendor. In sum,
                                              should submit only information that                                                                             BATS Connect is a communication
                                              you wish to make available publicly. All                 known as BATS Connect. Changes to
                                                                                                       the fee schedule pursuant to this                      service that provides subscribers an
                                              submissions should refer to File                                                                                additional means to receive market data
                                              Number SR–FINRA–2015–018, and                            proposal are effective upon filing.
                                                                                                          The text of the proposed rule change                from and route orders to any destination
                                              should be submitted on or before July                                                                           connected to the Exchange’s network.
                                                                                                       is available at the Exchange’s Web site
                                              15, 2015.                                                                                                       BATS Connect does not provide any
                                                                                                       at www.batstrading.com, at the
                                                For the Commission, by the Division of                 principal office of the Exchange, and at               advantage to subscribers for connecting
                                              Trading and Markets, pursuant to delegated               the Commission’s Public Reference                      to the Exchange’s affiliates 8 as
                                              authority.28                                             Room.                                                  compared to other method of
                                              Brent J. Fields,                                                                                                connectivity available to subscribers.
                                                                                                       II. Self-Regulatory Organization’s                     The servers of the subscriber need not
                                              Secretary.                                               Statement of the Purpose of, and                       be located in the same facilities as the
                                              [FR Doc. 2015–15454 Filed 6–23–15; 8:45 am]              Statutory Basis for, the Proposed Rule                 Exchange in order to subscribe to BATS
                                              BILLING CODE 8011–01–P                                   Change                                                 Connect. Subscribers may also seek to
                                                                                                          In its filing with the Commission, the              utilize BATS Connect in the event of a
                                                                                                       Exchange included statements                           market disruption where other
                                              SECURITIES AND EXCHANGE                                  concerning the purpose of and basis for                alternative connection methods become
                                              COMMISSION                                               the proposed rule change and discussed                 unavailable.
                                                                                                       any comments it received on the                           The Exchange will charge a monthly
                                              [Release No. 34–75243; File No. SR–BATS–                 proposed rule change. The text of these                connectivity fee to subscribers utilizing
                                              2015–45]                                                 statements may be examined at the                      BATS Connect to route orders to other
                                                                                                       places specified in Item IV below. The                 exchanges and broker-dealers that are
                                              Self-Regulatory Organizations; BATS                      Exchange has prepared summaries, set                   connected to the Exchange’s network.
                                              Exchange, Inc.; Notice of Filing and                     forth in Sections A, B, and C below, of                The amount of the connectivity fee
                                              Immediate Effectiveness of a Proposed                    the most significant parts of such                     varies based solely on the bandwidth
                                              Rule Change Related to Fees for Use                      statements.                                            selected by the subscriber. Specifically,
                                              of BATS Exchange, Inc.                                                                                          the Exchange proposes to charge $350
                                                                                                       A. Self-Regulatory Organization’s                      for 1 Mb, $700 for 5 Mb, $950 for 10 Mb,
                                              June 18, 2015.                                           Statement of the Purpose of, and                       $1,500 for 25 Mb, $2,500 for 50 Mb, and
                                                                                                       Statutory Basis for, the Proposed Rule                 $3,500 for 100 Mb.
                                                 Pursuant to Section 19(b)(1) of the                   Change                                                    BATS Connect would also allow
                                              Securities Exchange Act of 1934 (the
                                                                                                       1. Purpose                                             subscribers to receive market data feeds
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                          from the exchanges connected to the
                                              notice is hereby given that on June 9,                      The Exchange proposes to adopt fees                 Exchange’s network. In such case, the
                                              2015, BATS Exchange, Inc. (the                           applicable to Members of BATS Options                  subscriber would pay the Exchange a
                                              ‘‘Exchange’’ or ‘‘BATS’’) filed with the                 for the use of a communication and                     connectivity fee, which varies and is
                                              Securities and Exchange Commission                       routing service known as BATS                          based solely on the amount of
                                              (‘‘Commission’’) the proposed rule                       Connect.                                               bandwidth required to transmit the
                                              change as described in Items I, II and III                  On May 26 [sic], 2015, the Exchange                 selected data product to the subscriber.
                                              below, which Items have been prepared                    filed a proposed rule change with the                  The proposed connectivity fees are set
                                              by the Exchange. The Exchange has                        Commission to adopt a communication                    forth in the Exhibit 5 attached hereto
                                              designated the proposed rule change as                   and routing service known as BATS                      and range from no charge to $11,500
                                              one establishing or changing a member                    Connect.6 The Exchange now proposes                    based on the market data product the
                                              due, fee, or other charge imposed by the                 to adopt fees related to the use of BATS               subscriber selects.
                                              Exchange under Section 19(b)(3)(A)(ii)                   Connect that are equal to the fees                        The Exchange also proposes to adopt
                                                                                                       charged for an identical service, also                 a discounted fee of $4,160 per month for
                                              of the Act 3 and Rule 19b–4(f)(2)
                                                                                                       called BATS Connect, offered by the                    subscribers who purchase connectivity
                                              thereunder,4 which renders the
                                                                                                       Exchange’s affiliate, EDGX.7 The                       to a bundle of select market data
                                              proposed rule change effective upon
                                                                                                       Exchange notes that BATS Connect will                  products. The following market data
                                              filing with the Commission. The
                                              Commission is publishing this notice to                    5 A Member is defined as ‘‘any registered broker
                                                                                                                                                                8 The Exchange’s affiliated exchanges are EDGX,
                                              solicit comments on the proposed rule                    or dealer that has been admitted to membership in      EDGA Exchange, Inc. (‘‘EDGA’’), and BATS Y-
tkelley on DSK3SPTVN1PROD with NOTICES




                                              change from interested persons.                          the Exchange.’’ See Exchange Rule 1.5(n).              Exchange, Inc. (‘‘BYX’’). The Exchange understands
                                                                                                         6 See file no. SR–BATS–2015–40.
                                                                                                                                                              that its affiliated exchanges intend to file identical
                                                                                                         7 See the EDGX fee schedule available at http://     proposed rule changes to adopt the fees for the
                                                28 17 CFR 200.30–3(a)(12).
                                                1 15
                                                                                                       batstrading.com/support/fee_schedule/edgx/. See        BATS Connect service with the Commission. The
                                                     U.S.C. 78s(b)(1).                                 also Securities Exchange Act Release No. 73780         Exchange also notes that its affiliated exchanges
                                                2 17 CFR 240.19b–4.
                                                                                                       (December 8, 2014), 79 FR 73942 (December 12,          have also filed proposed rule changes with the
                                                3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                       2014) (SR–EDGX–2014–28) and file no. SR–EDGX–          Commission to adopt rules describing the BATS
                                                4 17 CFR 240.19b–4(f)(2).                              2015–27.                                               Connect service.



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                                              36392                           Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices

                                              products would be included in the                             The Exchange also believes that its                 reason, including due to an assessment
                                              bundle: UQDF/UTDF/OMDF, CQS/CTS,                           proposal is consistent with Section                    of the reasonableness of fees charged.
                                              Nasdaq TotalView, Nasdaq BX                                6(b)(4) of the Act,11 in that it provides              Moreover, the Exchange believes the
                                              TotalView, Nasdaq PSX TotalView,                           for the equitable allocation of reasonable             proposed fees are reasonable and
                                              NYSE ArcaBook, NYSE MKT OpenBook                           dues, fees and other charges among                     equitable because they continue to be
                                              Ultra, and BBS/TTDS. Absent the                            members and other persons using its                    based on the Exchange’s costs to cover
                                              discount, a subscriber purchasing                          facilities. First, the Exchange will charge            the amount of bandwidth required to
                                              connectivity through BATS Connect for                      a connectivity fee to subscribers                      provide connectivity to the select
                                              each of these market data products                         utilizing BATS Connect to route orders                 bundle of data feeds. The proposed fees
                                              would pay a total monthly fee of $5,200.                   to other exchanges and market centers                  will continue to allow the Exchange to
                                              As proposed, a subscriber who                              that are connected to the Exchange’s                   recoup this cost, while providing
                                              purchases connectivity to each of the                      network, which varies based solely on                  subscribers with an alternative means to
                                              above market data products would be                        the amount of bandwidth selected by                    connect to the select bundle of data
                                              charged a monthly fee of $4,160, which                     the subscriber. The amounts of the                     feeds at a discounted rate.
                                              represents a 20% discount. The                             connectivity fees are also reasonable as                  The subscribers would pay any fees:
                                              subscribers would pay any fees charged                     compared to similar fees charged by                    (i) charged by the exchange providing
                                              by the exchange providing the market                       other exchanges. For purposes of order                 the market data feed directly to that
                                              data feed directly to that exchange.                       routing, the Exchange proposes to                      exchange (ii) charged by a market center
                                                 The Exchange notes that it will not                     charge $350 for 1 Mb, $700 for 5 Mb,                   to which they routed an order and an
                                              charge a fee to subscribers utilizing                      $950 for 10 Mb, $1,500 for 25 Mb,                      execution occurred directly to that
                                              BATS Connect to route orders to or                         $2,500 for 50 Mb, and $3,500 for 100                   market center. The Exchange itself
                                              receive market data products from the                      Mb. The New York Stock Exchange, Inc.                  would not charge any additional fees.14
                                              Exchange’s affiliates, EDGX, EDGA, and                     (‘‘NYSE’’) currently charges $300 for 1                BATS Connect is offered and purchased
                                              BYX. BATS Connect provides                                 Mb, $700 for 5 Mb, $900 for 10 Mb,                     on a voluntary basis, in that neither the
                                              subscribers a means to access exchanges                    $1,500 for 25 Mb, $2,000 for 50 Mb, and                Exchange nor subscribers are required
                                              and market centers on the Exchange’s                       $2,600 for 100 Mb.12 The Exchange                      by any rule or regulation to make this
                                              network. In all cases, BATS Connect                        notes that, overall, the connectivity fee              product available. Accordingly,
                                              subscribers would continue to be liable                    for routing of orders to other market                  subscribers can discontinue use at any
                                              for the necessary fees charged by that                     centers proposed by the Exchange is                    time and for any reason, including due
                                              exchange or market center, including                       similar to that charged by the NYSE.                   to an assessment of the reasonableness
                                                                                                            Second, with regard to utilizing BATS               of fees charged.
                                              any required connectivity fees. Market
                                                                                                         Connect to receive market data products                   Moreover, the Exchange believes the
                                              participants who chose a method other
                                                                                                         from other exchanges, the Exchange                     proposed fees are reasonable and
                                              than BATS Connect to connect to
                                                                                                         would only charge subscribers a                        equitable because they are based on the
                                              another exchange or market center
                                                                                                         connectivity fee, the amount of which is               Exchange’s costs to cover hardware,
                                              would also pay any required                                based solely on the amount of
                                              connectivity fees directly to that                                                                                installation, testing and connection, as
                                                                                                         bandwidth required to transmit that                    well as expenses involved in
                                              exchange or market center. Likewise,                       specific data product to the subscribers.
                                              BATS Connect subscribers would be                                                                                 maintaining and managing the service.
                                                                                                         The amounts of the connectivity fees are               The proposed fees allow the Exchange
                                              liable for any connectivity fees charged                   also reasonable as compared to similar
                                              by the Exchange’s affiliate.                                                                                      to recoup these costs, while providing
                                                                                                         fees charged by other exchanges. For                   subscribers with an alternative means to
                                              Implementation Date                                        example, for market data connectivity,                 connect to other exchange and market
                                                                                                         the Nasdaq Stock Market LLC                            centers. The Exchange believes that the
                                                The Exchange proposes to implement                       (‘‘Nasdaq’’) charges $1,412 per month
                                              these amendments to its Fee Schedule                                                                              proposed fees are reasonable and
                                                                                                         for CQS/CTS data feed, and the                         equitable in that they reflect the costs
                                              immediately.                                               Exchange proposes to charge $1,000 per                 and the benefit of providing alternative
                                              2. Statutory Basis                                         month connectivity for CQS/CTS data                    connectivity.
                                                                                                         feed.13 The Exchange notes that, overall,                 The Exchange also believes it is
                                                 The Exchange believes that the                          the connectivity fee for receipt of other
                                              proposed rule change is consistent with                                                                           equitable and reasonable to provide
                                                                                                         market centers’ data feed proposed by                  BATS Connect to subscribers for no
                                              the objectives of Section 6 of the Act,9                   the Exchange is similar to that charged
                                              in general, and furthers the objectives of                                                                        charge to route orders to or receive
                                                                                                         by Nasdaq.                                             market data products from the
                                              Section 6(b)(4),10 in particular, as it is                    The Exchange believes it is reasonable
                                              designed to provide for the equitable                                                                             Exchange’s affiliates. BATS Connect
                                                                                                         to offer such discounted pricing to
                                              allocation of reasonable dues, fees and                                                                           provides subscribers a means to access
                                                                                                         subscribers who purchase connectivity
                                              other charges among its Members and                                                                               exchanges and market centers on the
                                                                                                         to a bundle of market data products as
                                              other persons using its facilities. The                                                                           Exchange’s network. In all cases, BATS
                                                                                                         it would enable them to reduce their
                                              Exchange also notes that it operates in                    overall connectivity costs for the receipt             Connect subscribers would continue to
                                              a highly-competitive market in which                       of market data. As stated above, BATS                  be liable for the necessary fees charged
                                              market participants can readily direct                     Connect is offered and purchased on a                  by the Exchange, its affiliate, or another
                                              order flow to competing venues if they                     voluntary basis and subscribers can                    exchange or market center, including
                                              deem fee levels at a particular venue to                   discontinue use at any time and for any                any required connectivity fees. As stated
                                                                                                                                                                above, BATS Connect is offered and
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                                              be excessive. The Exchange believes
                                              that the proposed rates are equitable and                    11 15 U.S.C. 78f(b)(4).                              purchased on a voluntary basis, and
                                              non-discriminatory in that they apply                        12 See NYSE’s SFTI Americas Product and Service      subscribers and market participants may
                                              uniformly to all Members.                                  List available at http://www.nyxdata.com/docs/
                                                                                                         connectivity.                                            14 The Exchange’s rules and fees would not
                                                                                                           13 See Nasdaq Rule 7034 (setting forth Nasdaq’s      address the fees or manner of operation of any
                                                9 15   U.S.C. 78f.                                       connectivity fees for receipt of third party market    destination to which the subscriber asked that an
                                                10 15   U.S.C. 78f(b)(4).                                data products).                                        order be routed.



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                                                                           Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices                                                      36393

                                              choose an alternative method to connect                 C. Self-Regulatory Organization’s                          Commission and any person, other than
                                              to the Exchange, its affiliates, or another             Statement on Comments on the                               those that may be withheld from the
                                              exchange or market center connected to                  Proposed Rule Change Received From                         public in accordance with the
                                              the Exchange’s network. Such other                      Members, Participants or Others                            provisions of 5 U.S.C. 552, will be
                                              services may also offer at no charge                      The Exchange has not solicited, and                      available for Web site viewing and
                                              connectivity to certain exchanges or a                  does not intend to solicit, comments on                    printing in the Commission’s Public
                                              group of exchanges.15 Therefore, the                    this proposed rule change. The                             Reference Room, 100 F Street, NE.,
                                              Exchange believes that the providing                    Exchange has not received any                              Washington, DC 20549, on official
                                              BATS Connect to subscribers at no                       unsolicited written comments from                          business days between the hours of
                                              charge to route orders to or receive                    Members or other interested parties.                       10:00 a.m. and 3:00 p.m. Copies of such
                                              market data products from the                                                                                      filing will also be available for
                                                                                                      III. Date of Effectiveness of the                          inspection and copying at the principal
                                              Exchange’s affiliates is reasonable and                 Proposed Rule Change and Timing for                        office of the Exchange. All comments
                                              equitable as they will continue to be                   Commission Action                                          received will be posted without change;
                                              liable to the Exchange or its affiliate for
                                                                                                         The foregoing rule change has become                    the Commission does not edit personal
                                              any required connectivity fees.                                                                                    identifying information from
                                                                                                      effective pursuant to Section 19(b)(3)(A)
                                                 Lastly, the Exchange also believes that              of the Act 16 and paragraph (f) of Rule                    submissions. You should submit only
                                              the proposed amendments to its fee                      19b–4 thereunder.17 At any time within                     information that you wish to make
                                              schedule are non-discriminatory                         60 days of the filing of the proposed rule                 available publicly. All submissions
                                              because they will apply uniformly to all                change, the Commission summarily may                       should refer to File Number SR–BATS–
                                              subscribers. All subscribers that                       temporarily suspend such rule change if                    2015–45 and should be submitted on or
                                              voluntarily select various service                      it appears to the Commission that such                     before July 15, 2015.
                                              options will be charged the same                        action is necessary or appropriate in the                     For the Commission, by the Division
                                              amount for the same services. All                       public interest, for the protection of                     of Trading and Markets, pursuant to
                                              subscribers have the option to select any               investors, or otherwise in furtherance of                  delegated authority.18
                                              connectivity option, and there is no                    the purposes of the Act.
                                                                                                                                                                 Brent J. Fields,
                                              differentiation among subscribers with                  IV. Solicitation of Comments                               Secretary.
                                              regard to the fees charged for the                        Interested persons are invited to                        [FR Doc. 2015–15451 Filed 6–23–15; 8:45 am]
                                              service. Further, the benefits of selecting             submit written data, views and                             BILLING CODE 8011–01–P
                                              such services are the same for all                      arguments concerning the foregoing,
                                              subscribers, irrespective of whether                    including whether the proposed rule
                                              their servers are located in the same                   change is consistent with the Act.
                                              facility as the Exchange.                                                                                          SOCIAL SECURITY ADMINISTRATION
                                                                                                      Comments may be submitted by any of
                                              B. Self-Regulatory Organization’s                       the following methods:                                     [Docket No: SSA–2015–0039]
                                              Statement on Burden on Competition                      Electronic Comments                                        Agency Information Collection
                                                The Exchange believes its proposed                      • Use the Commission’s Internet                          Activities: Proposed Request
                                              amendments to its Fee Schedule would                    comment form (http://www.sec.gov/
                                                                                                      rules/sro.shtml); or                                          The Social Security Administration
                                              not impose any burden on competition                                                                               (SSA) publishes a list of information
                                                                                                        • Send an email to rule-comments@
                                              that is not necessary or appropriate in                 sec.gov. Please include File Number SR–                    collection packages requiring clearance
                                              furtherance of the purposes of the Act.                 BATS–2015–45 on the subject line.                          by the Office of Management and
                                              The Exchange does not believe the                                                                                  Budget (OMB) in compliance with
                                              proposed fees for BATS Connect will                     Paper Comments                                             Public Law 104–13, the Paperwork
                                              result in any burden on competition.                      • Send paper comments in triplicate                      Reduction Act of 1995, effective October
                                              The proposed rule change is designed to                 to Secretary, Securities and Exchange                      1, 1995. This notice includes revisions
                                              provide subscribers with an alternative                 Commission, 100 F Street NE.,                              and an extension of OMB-approved
                                              means to access other market centers on                 Washington, DC 20549–1090.                                 information collections.
                                              the Exchange’s network if they choose                   All submissions should refer to File                          SSA is soliciting comments on the
                                              or in the event of a market disruption                  Number SR–BATS–2015–45. This file                          accuracy of the agency’s burden
                                              where other alternative connection                      number should be included on the                           estimate; the need for the information;
                                              methods become unavailable. BATS                        subject line if email is used. To help the                 its practical utility; ways to enhance its
                                              Connect is not the exclusive method to                  Commission process and review your                         quality, utility, and clarity; and ways to
                                              connect to these market centers and                     comments more efficiently, please use                      minimize burden on respondents,
                                                                                                      only one method. The Commission will                       including the use of automated
                                              subscribers may utilize alternative
                                                                                                      post all comments on the Commission’s                      collection techniques or other forms of
                                              methods to connect to the product if
                                                                                                      Internet Web site (http://www.sec.gov/                     information technology. Mail, email, or
                                              they believe the Exchange’s proposed
                                                                                                      rules/sro.shtml). Copies of the                            fax your comments and
                                              pricing is unreasonable or otherwise.                                                                              recommendations on the information
                                              Therefore, the Exchange does not                        submission, all subsequent
                                                                                                      amendments, all written statements                         collection(s) to the OMB Desk Officer
                                              believe the proposed rule change will                                                                              and SSA Reports Clearance Officer at
                                                                                                      with respect to the proposed rule
                                              have any effect on competition.
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                                                                                                      change that are filed with the                             the following addresses or fax numbers.
                                                                                                      Commission, and all written                                   (OMB), Office of Management and
                                                                                                      communications relating to the                             Budget, Attn: Desk Officer for SSA, Fax:
                                                15 See NYSE’s SFTI Americas Product and Service       proposed rule change between the                           202–395–6974, Email address: OIRA_
                                              List available at http://www.nyxdata.com/docs/                                                                     Submission@omb.eop.gov.
                                              connectivity (offering at no charge connectivity to       16 15   U.S.C. 78s(b)(3)(A).
                                              the NYSE, NYSE MKT LLC, and NYSE Arca, Inc.).             17 17   CFR 240.19b–4(f).                                  18 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-15 14:09:33
Document Modified: 2015-12-15 14:09:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 36391 

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