80_FR_41243 80 FR 41109 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGA Exchange, Inc.

80 FR 41109 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGA Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 134 (July 14, 2015)

Page Range41109-41111
FR Document2015-17168

Federal Register, Volume 80 Issue 134 (Tuesday, July 14, 2015)
[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 41109-41111]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17168]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75390; File No. SR-EDGA-2015-26]


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

July 8, 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 26, 2015, EDGA Exchange, Inc. (the ``Exchange'' or 
``EDGA'') 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

[[Page 41110]]

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 the fee schedule applicable 
to Members \5\ and non-members of the Exchange pursuant to EDGA Rules 
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal 
are effective upon filing.
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    \5\ The term ``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 amend its Fee Schedule to modify its fees 
for physical connectivity. A physical port is utilized by a Member or 
non-Member to connect to the Exchange at the data centers where the 
Exchange's servers are located. The Exchange currently maintains a 
presence in two third-party data centers: (i) The primary data center 
where the Exchange's business is primarily conducted on a daily basis, 
and (ii) a secondary data center, which is predominantly maintained for 
business continuity purposes. The Exchange currently assesses the 
following physical connectivity fees for Members and non-Members on a 
monthly basis: $500 per physical port that connects to the System \6\ 
via 1 gigabyte copper circuit; $1,000 per physical port that connects 
to the System via 1 gigabyte fiber circuit; and $2,000 per physical 
port that connects to the System via 10 gigabyte fiber circuit.
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    \6\ The term ``System'' is defined as ``the electronic 
communications and trading facility designated by the Board through 
which securities orders of Users are consolidated for ranking, 
execution and, when applicable, routing away.'' See Exchange Rule 
1.5(cc).
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    The Exchange now proposes to amend its physical connectivity fees 
to align the Exchange's fees with its affiliates.\7\ First, the 
Exchange proposes to amend its Fee Schedule to no longer distinguish 
between fiber and copper circuits. Therefore, it proposes to delete the 
charge of $500 per month per physical port that connects to the System 
via 1 gigabyte copper circuit and to assess a monthly fee of $2,000 per 
physical port that connects to the System via 1 gigabyte circuit 
regardless of the type of connection. Second, the Exchange proposes to 
increase the fee per physical port that connects to the System via 10 
gigabyte circuit from $2,000 per month to $4,000 per month. The 
Exchange also proposes to replace the reference to ``fiber'' with 
``physical port'' within the description of the 1 gigabyte and 10 
gigabyte physical connectivity fees as it proposes to no longer 
distinguish between fiber and copper circuits within its Fee Schedule.
---------------------------------------------------------------------------

    \7\ The Exchange's affiliates are EDGX Exchange, Inc. 
(``EDGX''), BATS Y-Exchange, Inc. (``BYX'') and BATS Exchange, Inc. 
(``BZX'', together with the Exchange, EDGX and BYX, the ``BATS 
Exchanges''). The Exchange notes that each of its affiliates will 
also file proposed rule changes with Commission to adopt similar 
physical connectivity fees to be effective July 1, 2015.
---------------------------------------------------------------------------

    Lastly, to further align its physical connectivity fees with its 
affiliates, the Exchange proposes to pass through in full any hardware 
costs or connectivity fees incurred that are directly related to 
completing a cross-connect where the expense to the Exchange billed by 
a third party exceeds $1,000.\8\ The Exchange proposes to pass through 
the expense as an alternative to the flat installation fees charged by 
the Exchange's primary competitors. The Exchange does not anticipate 
that passing through these expenses will affect many of the Exchange's 
constituents, because the majority of cross-connect completions cost 
less than $1,000. For this reason, the Exchange proposes to pass-
through the charges associated with cross-connect completions that cost 
more than $1,000 rather than to charge an installation fee for all 
completions regardless of their cost.
---------------------------------------------------------------------------

    \8\ See BZX fee schedule available at http://batstrading.com/support/fee_schedule/bzx/ and the BYX fee schedule available at 
http://batstrading.com/support/fee_schedule/byx/.
---------------------------------------------------------------------------

Implementation Date

    The Exchange proposes to implement this amendment to its Fee 
Schedule on July 1, 2015.
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 proposed rule change reflects a competitive 
pricing structure designed to incent market participants to direct 
their order flow to the Exchange. The Exchange believes that the 
proposed rates are equitable and non-discriminatory in that they apply 
uniformly to all Members. The Exchange believes the fees and credits 
remain competitive with those charged by other venues and therefore 
continue to be reasonable and equitably allocated to Members.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposal represents an equitable 
allocation of reasonable dues, fees, and other charges as its fees for 
physical connectivity are reasonably constrained by competitive 
alternatives. If a particular exchange charges excessive fees for 
connectivity, affected Members and non-Members may opt to terminate 
their connectivity arrangements with that exchange, and adopt a 
possible range of alternative strategies, including routing to the 
applicable exchange through another participant or market center or 
taking that exchange's data indirectly. Accordingly, if the Exchange 
charges excessive fees, it would stand to lose not only connectivity 
revenues but also revenues associated with the execution of orders 
routed to it, and, to the extent applicable, market data revenues. The 
Exchange believes that this competitive dynamic imposes powerful 
restraints on the ability of any

[[Page 41111]]

exchange to charge unreasonable fees for connectivity.
    Furthermore, the proposed rule change is also an equitable 
allocation of reasonable dues, fees, and other charges as the Exchange 
believes that the increased fees obtained will enable it to cover its 
increased infrastructure costs associated with establishing physical 
ports to connect to the Exchange's Systems. The additional revenue from 
the increased fees will also enable the Exchange to continue to 
maintain and improve its market technology and services. The Exchange 
believes that the proposed fees for 1 gigabyte circuit of $2,000 per 
month and for 10 gigabyte circuit of $4,000 per month are reasonable in 
that they are less than analogous fees charged by the Nasdaq Stock 
Market LLC (``Nasdaq''), which are $2,500 per month for 1 gigabyte 
connectivity and range from $10,000--$15,000 per month for 10 gigabyte 
circuits.\11\ In addition, the Exchange proposed physical connectivity 
fees are designed to align the Exchange's fees with its affiliates.\12\
---------------------------------------------------------------------------

    \11\ See Nasdaq Rule 7034(b).
    \12\ See supra note 7.
---------------------------------------------------------------------------

    The Exchange also believes that passing through the cross-connect 
related expenses in excess of $1,000 as an alternative to the flat 
installation fees is equitable and reasonable. The proposed pass 
through would be in lieu of the flat installation fees charged by the 
Exchange's primary competitors. The Exchange does not anticipate that 
passing through these expenses will affect many of the Exchange's 
constituents, because the majority of cross-connect completions cost 
less than $1,000.
    Finally, the Exchange believes that the proposed rates are 
equitable and non-discriminatory in that they apply uniformly to all 
Members and non-Members. Members and non-Members will continue to 
choose whether they want more than one physical port and choose the 
method of connectivity based on their specific needs. All Exchange 
Members that voluntarily select various service options will be charged 
the same amount for the same services. As is true of all physical 
connectivity, all Members and non-Members have the option to select any 
connectivity option, and there is no differentiation with regard to the 
fees charged for the service.

(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 not necessary or appropriate in 
furtherance of the purposes of the Act. As discussed above, the 
Exchange believes that fees for connectivity are constrained by the 
robust competition for order flow among exchanges and non-exchange 
markets. Further, excessive fees for connectivity, including port fee 
access, would serve to impair an exchange's ability to compete for 
order flow rather than burdening competition. The proposal to increase 
the fees for physical connectivity would bring the fees charged by the 
Exchange closer to similar fees charged for physical connectivity by 
other exchanges.\13\ In addition, the proposal to pass through cross-
connect installation related expenses serves as an alternative to the 
flat installation fees charged by the Exchange's primary competitors.
---------------------------------------------------------------------------

    \13\ See supra note 11.
---------------------------------------------------------------------------

    Lastly, the proposed rule change does not impose any burden on 
intramarket competition as the fees are uniform for all Members and 
non-Members. The Exchange notes that Members and non-Members also have 
the ability to obtain access to these services without the need for an 
independent physical port connection, such as through alternative means 
of financial extranets and service bureaus that act as a conduit for 
orders entered by Members and non-Members.

(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 \14\ and paragraph (f) of Rule 19b-4 
thereunder.\15\ 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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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-EDGA-2015-26 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EDGA-2015-26. 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 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 the 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-EDGA-2015-26 and should be 
submitted on or before August 4, 2015.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
Brent J. Fields,
Secretary.
[FR Doc. 2015-17168 Filed 7-13-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices                                                       41109

                                                    competes with the other national                         subscriber would achieve through the                        rules/sro.shtml). Copies of the
                                                    securities exchanges that currently trade                purchase.                                                   submission, all subsequent
                                                    equities, with electronic communication                                                                              amendments, all written statements
                                                                                                             Non-Substantive, Corrective Changes
                                                    networks, with quotes posted in                                                                                      with respect to the proposed rule
                                                    FINRA’s Alternative Display Facility,                      The proposed non-substantive,                             change that are filed with the
                                                    with alternative trading systems, and                    corrective changes to the fee schedule                      Commission, and all written
                                                    with securities firms that primarily                     will not have any impact on completion.                     communications relating to the
                                                    trade as principal with their customer                   The proposed changes are designed to                        proposed rule change between the
                                                    order flow.                                              clarify the fee schedule and avoid                          Commission and any person, other than
                                                       In addition, EDGX Last Sale and                       potential investor confusion.                               those that may be withheld from the
                                                    EDGX Top compete with a number of                                                                                    public in accordance with the
                                                                                                             C. Self-Regulatory Organization’s
                                                    alternative products. For instance,                                                                                  provisions of 5 U.S.C. 552, will be
                                                                                                             Statement on Comments on the
                                                    EDGX Last Sale and EDGX Top do not                                                                                   available for Web site viewing and
                                                                                                             Proposed Rule Change Received From
                                                    provide a complete picture of all trading                                                                            printing in the Commission’s Public
                                                                                                             Members, Participants, or Others
                                                    activity in a security. Rather, the other                                                                            Reference Room, 100 F Street NE.,
                                                    national securities exchanges, the                         The Exchange has neither solicited                        Washington, DC 20549 on official
                                                    several TRFs of FINRA, and Electronic                    nor received written comments on the                        business days between the hours of
                                                    Communication Networks (‘‘ECN’’) that                    proposed rule change.                                       10:00 a.m. and 3:00 p.m. Copies of such
                                                    produce proprietary data all produce                     III. Date of Effectiveness of the                           filing also will be available for
                                                    trades and trade reports. Each is                        Proposed Rule Change and Timing for                         inspection and copying at the principal
                                                    currently permitted to produce last sale                 Commission Action                                           office of the Exchange. All comments
                                                    information products, and many                                                                                       received will be posted without change;
                                                                                                                The foregoing rule change has become                     the Commission does not edit personal
                                                    currently do, including Nasdaq and
                                                                                                             effective pursuant to Section 19(b)(3)(A)                   identifying information from
                                                    NYSE. In addition, market participants
                                                                                                             of the Act 31 and paragraph (f) of Rule                     submissions. You should submit only
                                                    can gain access to EDGX last sale prices
                                                                                                             19b–4 thereunder.32 At any time within                      information that you wish to make
                                                    and top-of-book quotations, though
                                                                                                             60 days of the filing of the proposed rule                  available publicly. All submissions
                                                    integrated with the prices of other
                                                                                                             change, the Commission summarily may                        should refer to File Number SR–EDGX–
                                                    markets, on feeds made available
                                                                                                             temporarily suspend such rule change if                     2015–28, and should be submitted on or
                                                    through the SIPs.
                                                                                                             it appears to the Commission that such                      before August 4, 2015.
                                                       In sum, the availability of a variety of
                                                                                                             action is necessary or appropriate in the                     For the Commission, by the Division of
                                                    alternative sources of information
                                                                                                             public interest, for the protection of                      Trading and Markets, pursuant to delegated
                                                    imposes significant competitive
                                                                                                             investors, or otherwise in furtherance of                   authority.33
                                                    pressures on Exchange data products
                                                                                                             the purposes of the Act.                                    Brent J. Fields,
                                                    and the Exchange’s compelling need to
                                                    attract order flow imposes significant                   IV. Solicitation of Comments                                Secretary.
                                                    competitive pressure on the Exchange to                    Interested persons are invited to
                                                                                                                                                                         [FR Doc. 2015–17175 Filed 7–13–15; 8:45 am]
                                                    act equitably, fairly, and reasonably in                 submit written data, views, and                             BILLING CODE 8011–01–P
                                                    setting the proposed data product fees.                  arguments concerning the foregoing,
                                                    The proposed data product fees are, in                   including whether the proposed rule
                                                    part, responses to that pressure. The                                                                                SECURITIES AND EXCHANGE
                                                                                                             change is consistent with the Act.                          COMMISSION
                                                    Exchange believes that the proposed                      Comments may be submitted by any of
                                                    fees would reflect an equitable                          the following methods:                                      [Release No. 34–75390; File No. SR–EDGA–
                                                    allocation of its overall costs to users of                                                                          2015–26]
                                                    its facilities.                                          Electronic Comments
                                                       In addition, when establishing the                      • Use the Commission’s Internet                           Self-Regulatory Organizations; EDGA
                                                    proposed fees, the Exchange considered                   comment form (http://www.sec.gov/                           Exchange, Inc.; Notice of Filing and
                                                    the competitiveness of the market for                    rules/sro.shtml); or                                        Immediate Effectiveness of a Proposed
                                                    proprietary data and all of the                            • Send an email to rule-comments@                         Rule Change Related to Fees for Use
                                                    implications of that competition. The                    sec.gov. Please include File Number SR–                     of EDGA Exchange, Inc.
                                                    Exchange believes that it has considered                 EDGX–2015–28 on the subject line.                           July 8, 2015.
                                                    all relevant factors and has not                                                                                        Pursuant to Section 19(b)(1) of the
                                                    considered irrelevant factors in order to                Paper Comments
                                                                                                                                                                         Securities Exchange Act of 1934 (the
                                                    establish fair, reasonable, and not                        • Send paper comments in triplicate                       ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    unreasonably discriminatory fees and an                  to Brent J. Fields, Secretary, Securities                   notice is hereby given that on June 26,
                                                    equitable allocation of fees among all                   and Exchange Commission, 100 F Street                       2015, EDGA Exchange, Inc. (the
                                                    Users. The existence of alternatives to                  NE., Washington, DC 20549–1090.                             ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
                                                    EDGX Last Sale and EDGX Top,                             All submissions should refer to File                        Securities and Exchange Commission
                                                    including existing similar feeds by other                Number SR–EDGX–2015–28. This file                           (‘‘Commission’’) the proposed rule
                                                    exchanges, consolidated data, and                        number should be included on the                            change as described in Items I, II and III
                                                    proprietary data from other sources,
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                             subject line if email is used. To help the                  below, which Items have been prepared
                                                    ensures that the Exchange cannot set                     Commission process and review your                          by the Exchange. The Exchange has
                                                    unreasonable fees, or fees that are                      comments more efficiently, please use                       designated the proposed rule change as
                                                    unreasonably discriminatory, when                        only one method. The Commission will                        one establishing or changing a member
                                                    vendors and subscribers can elect these                  post all comments on the Commission’s                       due, fee, or other charge imposed by the
                                                    alternatives or choose not to purchase a                 Internet Web site (http://www.sec.gov/
                                                    specific proprietary data product if its                                                                               33 17 CFR 200.30–3(a)(12).
                                                    cost to purchase is not justified by the                      31 15 U.S.C. 78s(b)(3)(A).                               1 15 U.S.C. 78s(b)(1).
                                                    returns any particular vendor or                              32 17 CFR 240.19b–4(f).                                  2 17 CFR 240.19b–4.




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                                                    41110                           Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices

                                                    Exchange under Section 19(b)(3)(A)(ii)                   Exchange currently assesses the                           $1,000. For this reason, the Exchange
                                                    of the Act 3 and Rule 19b–4(f)(2)                        following physical connectivity fees for                  proposes to pass-through the charges
                                                    thereunder,4 which renders the                           Members and non-Members on a                              associated with cross-connect
                                                    proposed rule change effective upon                      monthly basis: $500 per physical port                     completions that cost more than $1,000
                                                    filing with the Commission. The                          that connects to the System 6 via 1                       rather than to charge an installation fee
                                                    Commission is publishing this notice to                  gigabyte copper circuit; $1,000 per                       for all completions regardless of their
                                                    solicit comments on the proposed rule                    physical port that connects to the                        cost.
                                                    change from interested persons.                          System via 1 gigabyte fiber circuit; and
                                                                                                             $2,000 per physical port that connects                    Implementation Date
                                                    I. Self-Regulatory Organization’s                        to the System via 10 gigabyte fiber                         The Exchange proposes to implement
                                                    Statement of the Terms of Substance of                   circuit.                                                  this amendment to its Fee Schedule on
                                                    the Proposed Rule Change                                    The Exchange now proposes to amend                     July 1, 2015.
                                                       The Exchange filed a proposal to                      its physical connectivity fees to align
                                                    amend the fee schedule applicable to                     the Exchange’s fees with its affiliates.7                 2. Statutory Basis
                                                    Members 5 and non-members of the                         First, the Exchange proposes to amend                        The Exchange believes that the
                                                    Exchange pursuant to EDGA Rules                          its Fee Schedule to no longer                             proposed rule change is consistent with
                                                    15.1(a) and (c). Changes to the fee                      distinguish between fiber and copper                      the objectives of Section 6 of the Act,9
                                                    schedule pursuant to this proposal are                   circuits. Therefore, it proposes to delete                in general, and furthers the objectives of
                                                    effective upon filing.                                   the charge of $500 per month per                          Section 6(b)(4),10 in particular, as it is
                                                       The text of the proposed rule change                  physical port that connects to the                        designed to provide for the equitable
                                                    is available at the Exchange’s Web site                  System via 1 gigabyte copper circuit and                  allocation of reasonable dues, fees and
                                                    at www.batstrading.com, at the                           to assess a monthly fee of $2,000 per                     other charges among its Members and
                                                    principal office of the Exchange, and at                 physical port that connects to the                        other persons using its facilities. The
                                                    the Commission’s Public Reference                        System via 1 gigabyte circuit regardless                  Exchange also notes that it operates in
                                                    Room.                                                    of the type of connection. Second, the                    a highly-competitive market in which
                                                                                                             Exchange proposes to increase the fee                     market participants can readily direct
                                                    II. Self-Regulatory Organization’s                       per physical port that connects to the
                                                    Statement of the Purpose of, and                                                                                   order flow to competing venues if they
                                                                                                             System via 10 gigabyte circuit from                       deem fee levels at a particular venue to
                                                    Statutory Basis for, the Proposed Rule                   $2,000 per month to $4,000 per month.
                                                    Change                                                                                                             be excessive. The proposed rule change
                                                                                                             The Exchange also proposes to replace                     reflects a competitive pricing structure
                                                      In its filing with the Commission, the                 the reference to ‘‘fiber’’ with ‘‘physical                designed to incent market participants
                                                    Exchange included statements                             port’’ within the description of the 1                    to direct their order flow to the
                                                    concerning the purpose of and basis for                  gigabyte and 10 gigabyte physical
                                                                                                                                                                       Exchange. The Exchange believes that
                                                    the proposed rule change and discussed                   connectivity fees as it proposes to no
                                                                                                                                                                       the proposed rates are equitable and
                                                    any comments it received on the                          longer distinguish between fiber and
                                                                                                                                                                       non-discriminatory in that they apply
                                                    proposed rule change. The text of these                  copper circuits within its Fee Schedule.
                                                                                                                Lastly, to further align its physical                  uniformly to all Members. The
                                                    statements may be examined at the                                                                                  Exchange believes the fees and credits
                                                    places specified in Item IV below. The                   connectivity fees with its affiliates, the
                                                                                                             Exchange proposes to pass through in                      remain competitive with those charged
                                                    Exchange has prepared summaries, set                                                                               by other venues and therefore continue
                                                    forth in Sections A, B, and C below, of                  full any hardware costs or connectivity
                                                                                                             fees incurred that are directly related to                to be reasonable and equitably allocated
                                                    the most significant parts of such                                                                                 to Members.
                                                    statements.                                              completing a cross-connect where the
                                                                                                             expense to the Exchange billed by a                          The Exchange believes that the
                                                    (A) Self-Regulatory Organization’s                       third party exceeds $1,000.8 The                          proposal represents an equitable
                                                    Statement of the Purpose of, and                         Exchange proposes to pass through the                     allocation of reasonable dues, fees, and
                                                    Statutory Basis for, the Proposed Rule                   expense as an alternative to the flat                     other charges as its fees for physical
                                                    Change                                                   installation fees charged by the                          connectivity are reasonably constrained
                                                                                                             Exchange’s primary competitors. The                       by competitive alternatives. If a
                                                    1. Purpose
                                                                                                             Exchange does not anticipate that                         particular exchange charges excessive
                                                       The Exchange proposes to amend its                    passing through these expenses will                       fees for connectivity, affected Members
                                                    Fee Schedule to modify its fees for                      affect many of the Exchange’s                             and non-Members may opt to terminate
                                                    physical connectivity. A physical port is                constituents, because the majority of                     their connectivity arrangements with
                                                    utilized by a Member or non-Member to                    cross-connect completions cost less than                  that exchange, and adopt a possible
                                                    connect to the Exchange at the data                                                                                range of alternative strategies, including
                                                    centers where the Exchange’s servers are                    6 The term ‘‘System’’ is defined as ‘‘the electronic   routing to the applicable exchange
                                                    located. The Exchange currently                          communications and trading facility designated by         through another participant or market
                                                    maintains a presence in two third-party                  the Board through which securities orders of Users        center or taking that exchange’s data
                                                    data centers: (i) The primary data center                are consolidated for ranking, execution and, when
                                                                                                             applicable, routing away.’’ See Exchange Rule
                                                                                                                                                                       indirectly. Accordingly, if the Exchange
                                                    where the Exchange’s business is                         1.5(cc).                                                  charges excessive fees, it would stand to
                                                    primarily conducted on a daily basis,                       7 The Exchange’s affiliates are EDGX Exchange,         lose not only connectivity revenues but
                                                    and (ii) a secondary data center, which                  Inc. (‘‘EDGX’’), BATS Y-Exchange, Inc. (‘‘BYX’’) and      also revenues associated with the
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                                                    is predominantly maintained for                          BATS Exchange, Inc. (‘‘BZX’’, together with the           execution of orders routed to it, and, to
                                                                                                             Exchange, EDGX and BYX, the ‘‘BATS Exchanges’’).
                                                    business continuity purposes. The                        The Exchange notes that each of its affiliates will       the extent applicable, market data
                                                                                                             also file proposed rule changes with Commission to        revenues. The Exchange believes that
                                                      3 15 U.S.C. 78s(b)(3)(A)(ii).                          adopt similar physical connectivity fees to be            this competitive dynamic imposes
                                                      4 17 CFR 240.19b–4(f)(2).                              effective July 1, 2015.
                                                      5 The term ‘‘Member’’ is defined as ‘‘any                 8 See BZX fee schedule available at http://
                                                                                                                                                                       powerful restraints on the ability of any
                                                    registered broker or dealer that has been admitted       batstrading.com/support/fee_schedule/bzx/ and the
                                                                                                                                                                        9 15   U.S.C. 78f.
                                                    to membership in the Exchange.’’ See Exchange            BYX fee schedule available at http://
                                                    Rule 1.5(n).                                             batstrading.com/support/fee_schedule/byx/.                 10 15   U.S.C. 78f(b)(4).



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                                                                                    Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices                                                       41111

                                                    exchange to charge unreasonable fees                     necessary or appropriate in furtherance                     arguments concerning the foregoing,
                                                    for connectivity.                                        of the purposes of the Act. As discussed                    including whether the proposed rule
                                                       Furthermore, the proposed rule                        above, the Exchange believes that fees                      change is consistent with the Act.
                                                    change is also an equitable allocation of                for connectivity are constrained by the                     Comments may be submitted by any of
                                                    reasonable dues, fees, and other charges                 robust competition for order flow among                     the following methods:
                                                    as the Exchange believes that the                        exchanges and non-exchange markets.
                                                    increased fees obtained will enable it to                Further, excessive fees for connectivity,                   Electronic Comments
                                                    cover its increased infrastructure costs                 including port fee access, would serve                        • Use the Commission’s Internet
                                                    associated with establishing physical                    to impair an exchange’s ability to                          comment form (http://www.sec.gov/
                                                    ports to connect to the Exchange’s                       compete for order flow rather than                          rules/sro.shtml); or
                                                    Systems. The additional revenue from                     burdening competition. The proposal to                        • Send an email to rule-comments@
                                                    the increased fees will also enable the                  increase the fees for physical                              sec.gov. Please include File Number SR–
                                                    Exchange to continue to maintain and                     connectivity would bring the fees                           EDGA–2015–26 on the subject line.
                                                    improve its market technology and                        charged by the Exchange closer to
                                                    services. The Exchange believes that the                 similar fees charged for physical                           Paper Comments
                                                    proposed fees for 1 gigabyte circuit of                  connectivity by other exchanges.13 In                          • Send paper comments in triplicate
                                                    $2,000 per month and for 10 gigabyte                     addition, the proposal to pass through                      to Brent J. Fields, Secretary, Securities
                                                    circuit of $4,000 per month are                          cross-connect installation related                          and Exchange Commission, 100 F Street
                                                    reasonable in that they are less than                    expenses serves as an alternative to the                    NE., Washington, DC 20549–1090.
                                                    analogous fees charged by the Nasdaq                     flat installation fees charged by the
                                                    Stock Market LLC (‘‘Nasdaq’’), which                     Exchange’s primary competitors.                             All submissions should refer to File
                                                    are $2,500 per month for 1 gigabyte                         Lastly, the proposed rule change does                    Number SR–EDGA–2015–26. This file
                                                    connectivity and range from $10,000—                     not impose any burden on intramarket                        number should be included on the
                                                    $15,000 per month for 10 gigabyte                        competition as the fees are uniform for                     subject line if email is used. To help the
                                                    circuits.11 In addition, the Exchange                    all Members and non-Members. The                            Commission process and review your
                                                    proposed physical connectivity fees are                  Exchange notes that Members and non-                        comments more efficiently, please use
                                                    designed to align the Exchange’s fees                    Members also have the ability to obtain                     only one method. The Commission will
                                                    with its affiliates.12                                   access to these services without the                        post all comments on the Commission’s
                                                       The Exchange also believes that                       need for an independent physical port                       Internet Web site (http://www.sec.gov/
                                                    passing through the cross-connect                        connection, such as through alternative                     rules/sro.shtml). Copies of the
                                                    related expenses in excess of $1,000 as                  means of financial extranets and service                    submission, all subsequent
                                                    an alternative to the flat installation fees             bureaus that act as a conduit for orders                    amendments, all written statements
                                                    is equitable and reasonable. The                         entered by Members and non-Members.                         with respect to the proposed rule
                                                    proposed pass through would be in lieu                                                                               change that are filed with the
                                                                                                             (C) Self-Regulatory Organization’s                          Commission, and all written
                                                    of the flat installation fees charged by
                                                                                                             Statement on Comments on the                                communications relating to the
                                                    the Exchange’s primary competitors.
                                                                                                             Proposed Rule Change Received From                          proposed rule change between the
                                                    The Exchange does not anticipate that
                                                                                                             Members, Participants or Others                             Commission and any person, other than
                                                    passing through these expenses will
                                                    affect many of the Exchange’s                              The Exchange has not solicited, and                       those that may be withheld from the
                                                    constituents, because the majority of                    does not intend to solicit, comments on                     public in accordance with the
                                                    cross-connect completions cost less than                 this proposed rule change. The                              provisions of 5 U.S.C. 552, will be
                                                    $1,000.                                                  Exchange has not received any                               available for Web site viewing and
                                                       Finally, the Exchange believes that                   unsolicited written comments from                           printing in the Commission’s Public
                                                    the proposed rates are equitable and                     Members or other interested parties.                        Reference Room, 100 F Street NE.,
                                                    non-discriminatory in that they apply                    III. Date of Effectiveness of the                           Washington, DC 20549, on official
                                                    uniformly to all Members and non-                        Proposed Rule Change and Timing for                         business days between the hours of
                                                    Members. Members and non-Members                         Commission Action                                           10:00 a.m. and 3:00 p.m. Copies of the
                                                    will continue to choose whether they                                                                                 filing will also be available for
                                                    want more than one physical port and                        The foregoing rule change has become                     inspection and copying at the principal
                                                    choose the method of connectivity                        effective pursuant to Section 19(b)(3)(A)                   office of the Exchange. All comments
                                                    based on their specific needs. All                       of the Act 14 and paragraph (f) of Rule                     received will be posted without change;
                                                    Exchange Members that voluntarily                        19b–4 thereunder.15 At any time within                      the Commission does not edit personal
                                                    select various service options will be                   60 days of the filing of the proposed rule                  identifying information from
                                                    charged the same amount for the same                     change, the Commission summarily may                        submissions. You should submit only
                                                    services. As is true of all physical                     temporarily suspend such rule change if                     information that you wish to make
                                                    connectivity, all Members and non-                       it appears to the Commission that such                      available publicly. All submissions
                                                    Members have the option to select any                    action is necessary or appropriate in the                   should refer to File Number SR–EDGA–
                                                    connectivity option, and there is no                     public interest, for the protection of                      2015–26 and should be submitted on or
                                                    differentiation with regard to the fees                  investors, or otherwise in furtherance of                   before August 4, 2015.
                                                    charged for the service.                                 the purposes of the Act.
                                                                                                                                                                           For the Commission, by the Division of
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                                                    (B) Self-Regulatory Organization’s                                                                                   Trading and Markets, pursuant to delegated
                                                    Statement on Burden on Competition                                                                                   authority.16
                                                                                                             IV. Solicitation of Comments
                                                                                                                                                                         Brent J. Fields,
                                                      The Exchange does not believe that                       Interested persons are invited to
                                                                                                                                                                         Secretary.
                                                    the proposed rule change will impose                     submit written data, views, and
                                                    any burden on competition not                                                                                        [FR Doc. 2015–17168 Filed 7–13–15; 8:45 am]
                                                                                                                  13 See supra note 11.                                  BILLING CODE 8011–01–P
                                                      11 See Nasdaq Rule 7034(b).                                 14 15 U.S.C. 78s(b)(3)(A).
                                                      12 See supra note 7.                                        15 17 CFR 240.19b–4(f).                                  16 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-23 09:19:38
Document Modified: 2018-02-23 09:19:38
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 41109 

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