80_FR_55848 80 FR 55669 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

80 FR 55669 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 179 (September 16, 2015)

Page Range55669-55671
FR Document2015-23210

Federal Register, Volume 80 Issue 179 (Wednesday, September 16, 2015)
[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Notices]
[Pages 55669-55671]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23210]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75874; File No. SR-ISE-2015-25]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change To Amend the Schedule of Fees

September 10, 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 August 27, 2015, the International Securities Exchange, LLC 
(the ``Exchange'' or the ``ISE'') filed with the Securities and 
Exchange Commission the proposed rule change, as described in Items I 
and II below, which items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The ISE proposes to amend its Schedule of Fees to extend its 
Managed Data Access Service program for the sale of a number of real-
time market data products. The text of the proposed rule change is 
available on the Exchange's Web site (http://www.ise.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 self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
has prepared summaries, set forth in sections A, B and C below, of the 
most significant aspects of such statements.

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

1. Purpose
    On June 6, 2013 the ISE implemented a temporary Managed Data Access 
Service program that established a new pricing and distribution model 
for the sale of a number of real-time market data products.\3\ The 
Exchange extended this program for an additional six month period on 
December 20, 2013,\4\ and then on September 17, 2014 instituted another 
temporary program on the same terms for a one year period set to expire 
on August 31, 2015.\5\ The Exchange now proposes to extend its current 
Managed Data Access Service program for an additional one year period 
ending August 31, 2016 so that the Exchange can continue to provide 
this alternative delivery option for ISE data feeds.\6\ Managed Data 
Access Service is a pricing and administrative option

[[Page 55670]]

whereby the ISE assesses fees to Managed Data Access Distributors,\7\ 
who redistribute market data to Managed Data Access Recipients.\8\ 
Managed Data Access Distributors are required to monitor the delivery 
of the data retransmitted to their clients, and must agree to reformat, 
redisplay and/or alter the data feeds prior to retransmission without 
affecting the integrity of the data feeds and without rendering any of 
the feeds inaccurate, unfair, uninformative, fictitious, misleading, or 
discriminatory.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 69806 (June 20, 
2013), 78 FR 38424 (June 26, 2013) (ISE-2013-39). The Exchange also 
offers a similar Managed Data Access Service program for its Implied 
Volatility and Greeks Feed. See Securities Exchange Act Release No. 
65678 (November 3, 2011), 76 FR 70178 (November 10, 2011) (ISE-2011-
67). This filing does not apply to the Managed Data Access Service 
program for the Implied Volatility and Greeks Feed, which is a 
permanent program.
    \4\ See Securities Exchange Act Release No. 71230 (January 2, 
2014), 79 FR 1405 (January 8, 2014) (ISE-2013-74).
    \5\ See Securities Exchange Act Release No. 73276 (October 1, 
2014), 79 FR 60545 (October 7, 2014) (ISE-2014-41).
    \6\ The current Managed Data Access Service program provides an 
alternative delivery option for the Real-time Depth of Market Raw 
Data Feed (``Depth Feed''), the Order Feed, the Top Quote Feed, and 
the Spread Feed.
    \7\ A Managed Data Access Distributor redistributes ISE data 
feeds and permits access to the information in those data feeds 
through a controlled device. A Managed Data Access Distributor can 
also redistribute a data feed solution to specific IP addresses, 
including an Application Programming Interface (``API'') or similar 
automated delivery solutions, with only limited entitlement controls 
(e.g., usernames and/or passwords) to a recipient of the 
information.
    \8\ A Managed Data Access Recipient is a subscriber to the 
Managed Data Access Distributor who receives a reformatted data feed 
in a controlled device or at a specific IP address. Market Data 
Access Recipients may be Professional or Non-Professional users.
---------------------------------------------------------------------------

    The current fees for the Managed Data Access Service are as 
follows:
    The Exchange charges a fee to each Managed Data Access Distributor 
of $2,500 per month for the Depth Feed, $1,500 for each of the Top 
Quote Feed and Spread Feed, and $1,000 per month for the Order Feed. 
The Exchange also charges a fee for each IP address at Managed Data 
Access Recipients that receive market data redistributed by a Managed 
Data Access Distributor, which is $750 per month for the Depth Feed, 
$500 per month for each of the Top Quote Feed and Spread Feed, and $350 
per month for the Order Feed.\9\ In addition, the Exchange charges a 
controlled device fee for each controlled device permitted to access 
market data redistributed by a Managed Data Access Distributor to a 
Market Data Access Recipient that is a Professional user,\10\ which is 
$50 per month for the Depth Feed, $20 per month for the Top Quote Feed, 
$25 per month for the Spread Feed, and $10 per month for the Order 
Feed.\11\ Finally, the Exchange charges a controlled device fee of $5 
per month for each controlled device permitted to access information in 
the Depth Feed redistributed by a Managed Data Access Distributor to a 
Market Data Access Recipient that is a Non-Professional user.\12\ For 
each of the above ISE data feeds, Market Data Access Distributors are 
subject to a minimum fee, which is $5,000 per month for the Depth Feed, 
$3,000 per month for each of the Top Quote Feed and Spread Feed, and 
$2,000 per month for the Order Feed.
---------------------------------------------------------------------------

    \9\ This fee is charged per IP address, which covers both 
primary and back-up IP addresses at a Managed Data Access Recipient.
    \10\ A ``Professional user'' is an authorized end-user of the 
ISE data feeds that has not qualified as a Non-Professional user.
    \11\ A controlled device is any device that a distributor of an 
ISE data feed permits to access the information in that data feed.
    \12\ There is no controlled device fee for Non-Professional 
users of the Top Quote Feed, Spread Feed, or Order Feed. A ``Non-
Professional user'' is an authorized end-user of the ISE data feeds 
who is a natural person and who is neither: (a) Registered or 
qualified with the Securities and Exchange Commission, the 
Commodities Futures Trading Commission, any state securities agency, 
any securities exchange or association, or any commodities or 
futures contract market or association; (b) engaged as an 
``investment advisor'' as that term is defined Section 202(a)(11) of 
the Investment Advisers Act of 1940 (whether or not registered or 
qualified under that act); nor (c) employed by a bank or other 
organization exempt from registration under Federal and/or state 
securities laws to perform functions that would require him/her to 
be so registered or qualified if he/she were to perform such 
functions for an organization not so exempt.
---------------------------------------------------------------------------

    The Exchange is not proposing to make any changes to the fees 
currently charged under the Managed Data Access Service program.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Securities Exchange Act of 1934 (the 
``Act''),\13\ and the rules and regulations thereunder that are 
applicable to a national securities exchange, including the 
requirements of Section 6(b) of the Act.\14\ In particular, the 
proposal is consistent with Section 6(b)(5) of the Act,\15\ because is 
designed to promote just and equitable principles of trade, remove 
impediments to and perfect the mechanisms of a free and open market and 
a national market system and, in general, to protect investors and the 
public interest. The Exchange believes that the proposed program is 
consistent with the protection of investors and the public interest as 
the Exchange already runs a Managed Data Access Service program, and is 
merely proposing to extend this program for an additional one year 
period. The Exchange established the Managed Data Access Service as a 
temporary program in order to gauge the level of interest in this new 
pricing and distribution model, and now wishes to extend this temporary 
program so that it may continue to offer an attractive program that 
competes with programs offered by other options exchanges.\16\ The 
Exchange is constrained in pricing the Managed Data Access Service as 
these services are entirely optional, and firms may choose whether or 
not to purchase proprietary ISE market data products or to utilize any 
specific pricing alternative. Moreover, the program will continue to 
provide an opportunity for all distributors and subscribers, both 
Professional and Non-Professional, to access the ISE data feeds at a 
potentially lower cost.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ A number of other exchanges have adopted managed data 
access services to distribute their proprietary market data. See 
e.g. Securities Exchange Act Release Nos. 63276 (November 8, 2010), 
75 FR 69717 (November 15, 2010) (SR-NASDAQ-2010-138); and 69182 
(March 19, 2013), 78 FR 18378 (March 26, 2013) (SR-PHLX-2013-28). 
ISE also offers managed data access service on a permanent basis for 
the ISE Implied Volatility and Greeks Feed. See supra note 3.
---------------------------------------------------------------------------

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

    In accordance with Section 6(b)(8) of the Act,\17\ the Exchange 
does not believe that the proposed rule change will impose any burden 
on intermarket or intramarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. To the contrary, 
the Exchange believes that the proposed rule change will promote 
competition as it extends a program that provides an attractive 
alternative delivery model for ISE market data that is similar to 
programs in place on other options exchanges. The vigor of competition 
for market data is significant and the Exchange believes that this 
proposal clearly evidences such competition. ISE proposes to continue 
to offer this optional Managed Access Data Service in order to keep 
pace with changes in the industry and evolving customer needs.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate if consistent with the protection of

[[Page 55671]]

investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act \18\ and Rule 19b-
4(f)(6) thereunder.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Exchange stated that waiver of the operative delay will 
permit the Exchange to continue to provide access to subscribers 
interested in the Managed Data Access Service program. The Commission 
believes that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest. Therefore, the 
Commission hereby waives the operative delay and designates the 
proposed rule change operative upon filing.\20\
---------------------------------------------------------------------------

    \20\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2015-25 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-ISE-2015-25. 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 also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-ISE-2015-25, and should be 
submitted on or before October 7, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------


Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-23210 Filed 9-15-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices                                                  55669

                                                    automatic stay of the approval, through                 such as OCC, is a compelling public                   products. The text of the proposed rule
                                                    delegated authority, of OCC’s plan for                  interest. The Commission also believes                change is available on the Exchange’s
                                                    raising additional capital (‘‘Capital                   that the concerns raised by the                       Web site (http://www.ise.com), at the
                                                    Plan’’) to support its function as a                    Petitioners regarding potential monetary              principal office of the Exchange, and at
                                                    systemically important financial market                 and competitive harm do not currently                 the Commission’s Public Reference
                                                    utility. On January 26, 2015, the                       justify maintaining the stay during the               Room.
                                                    Commission issued a notice of filing of                 pendency of the Commission’s review.
                                                    the proposed rule change regarding the                  Nor does the Commission believe that                  II. Self-Regulatory Organization’s
                                                    Capital Plan.1 After consideration of the               lifting the stay precludes meaningful                 Statement of the Purpose of, and
                                                    record in the proposed rule change, the                 review of the Approval Order.                         Statutory Basis for, the Proposed Rule
                                                    Division of Trading and Markets, for the                   For the reasons stated above, it is                Change
                                                    Commission pursuant to delegated                        hereby:                                                  In its filing with the Commission, the
                                                    authority, issued an order approving                       Ordered that the automatic stay of                 self-regulatory organization included
                                                    (‘‘Approval Order’’) the Capital Plan on                delegated action pursuant to                          statements concerning the purpose of,
                                                    March 6, 2015.2                                         Commission Rule of Practice 431(e) 5 is               and basis for, the proposed rule change
                                                       BATS Global Markets, Inc. (‘‘BATS’’),                hereby discontinued, and that OCC’s                   and discussed any comments it received
                                                    BOX Options Exchange LLC (‘‘BOX’’),                     Motion to Lift Stay of the staff’s action             on the proposed rule change. The text
                                                    KCG Holdings, Inc. (‘‘KCG’’), Miami                     in approving by delegated authority File              of these statements may be examined at
                                                    International Securities Exchange, LLC                  No. SR–OCC–2015–02 6 is granted.                      the places specified in Item IV below.
                                                    (‘‘MIAX’’), and Susquehanna                                The order approving such proposed                  The self-regulatory organization has
                                                    International Group, LLP (‘‘SIG’’)                      rule change shall remain in effect.                   prepared summaries, set forth in
                                                    (collectively ‘‘Petitioners’’) each filed                 By the Commission.                                  sections A, B and C below, of the most
                                                    petitions for review of the Approval                    Robert W. Errett,                                     significant aspects of such statements.
                                                    Order, challenging the action taken by                  Deputy Secretary.
                                                    delegated authority. The filing of the                                                                        A. Self-Regulatory Organization’s
                                                                                                            [FR Doc. 2015–23241 Filed 9–15–15; 8:45 am]           Statement of the Purpose of, and
                                                    petitions automatically stayed the
                                                    Approval Order pursuant to                              BILLING CODE 8011–01–P                                Statutory Basis for, the Proposed Rule
                                                    Commission Rule of Practice 431(e).3                                                                          Change
                                                    The Commission has entered a separate                   SECURITIES AND EXCHANGE                               1. Purpose
                                                    Order Granting the Petitions for Review                 COMMISSION                                               On June 6, 2013 the ISE implemented
                                                    and Scheduling Filing of Statements.4
                                                       In response to the automatic stay                    [Release No. 34–75874; File No. SR–ISE–               a temporary Managed Data Access
                                                    imposed by the filing of the petitions to               2015–25]                                              Service program that established a new
                                                    review the Approval Order, OCC filed a                                                                        pricing and distribution model for the
                                                    Motion to Lift the Stay on April 2, 2015,               Self-Regulatory Organizations;                        sale of a number of real-time market
                                                    citing the public policy reasons for                    International Securities Exchange,                    data products.3 The Exchange extended
                                                    implementing the Capital Plan. The                      LLC; Notice of Filing and Immediate                   this program for an additional six month
                                                    Petitioners responded, arguing that                     Effectiveness of Proposed Rule                        period on December 20, 2013,4 and then
                                                    continuing the automatic stay is                        Change To Amend the Schedule of                       on September 17, 2014 instituted
                                                    appropriate in light of the important                   Fees                                                  another temporary program on the same
                                                    policy and competition issues raised by                                                                       terms for a one year period set to expire
                                                                                                            September 10, 2015.
                                                    the Approval Order.                                                                                           on August 31, 2015.5 The Exchange now
                                                                                                               Pursuant to Section 19(b)(1) of the                proposes to extend its current Managed
                                                       The Commission finds that it is in the               Securities Exchange Act of 1934 (the
                                                    public interest to lift the stay during the                                                                   Data Access Service program for an
                                                                                                            ‘‘Act’’),1 and Rule 19b–4 thereunder,2                additional one year period ending
                                                    pendency of the Commission’s review.                    notice is hereby given that on August
                                                    Under the circumstances of this case,                                                                         August 31, 2016 so that the Exchange
                                                                                                            27, 2015, the International Securities                can continue to provide this alternative
                                                    the Commission believes, on balance,                    Exchange, LLC (the ‘‘Exchange’’ or the
                                                    that strengthening the capitalization of a                                                                    delivery option for ISE data feeds.6
                                                                                                            ‘‘ISE’’) filed with the Securities and                Managed Data Access Service is a
                                                    systemically important clearing agency,                 Exchange Commission the proposed                      pricing and administrative option
                                                       1 Securities Exchange Act Release No. 74136
                                                                                                            rule change, as described in Items I and
                                                    (January 26, 2015), 80 FR 5171 (January 30, 2015)       II below, which items have been                          3 See Securities Exchange Act Release No. 69806

                                                    (SR–OCC–2015–02).                                       prepared by the self-regulatory                       (June 20, 2013), 78 FR 38424 (June 26, 2013) (ISE–
                                                       2 Order Approving Proposed Rule Change               organization. The Commission is                       2013–39). The Exchange also offers a similar
                                                    Concerning a Proposed Capital Plan for Raising          publishing this notice to solicit                     Managed Data Access Service program for its
                                                    Additional Capital That Would Support the Options                                                             Implied Volatility and Greeks Feed. See Securities
                                                    Clearing Corporation’s Function as a Systemically
                                                                                                            comments on the proposed rule change                  Exchange Act Release No. 65678 (November 3,
                                                    Important Financial Market Utility, Securities          from interested persons.                              2011), 76 FR 70178 (November 10, 2011) (ISE–
                                                    Exchange Act Release No. 74452 (March 6, 2015),                                                               2011–67). This filing does not apply to the Managed
                                                    80 FR 13058 (March 12, 2015) (SR–OCC–2015–02).
                                                                                                            I. Self-Regulatory Organization’s                     Data Access Service program for the Implied
                                                    The Capital Plan was previously filed as an advance     Statement of the Terms of Substance of                Volatility and Greeks Feed, which is a permanent
                                                    notice pursuant to Section 806(e)(1) of the Payment,    the Proposed Rule Change                              program.
                                                    Clearing, and Settlement Supervision Act of 2010.                                                                4 See Securities Exchange Act Release No. 71230
asabaliauskas on DSK7TPTVN1PROD with NOTICES




                                                    See 12 U.S.C. 5465(e)(1). The Commission issued a          The ISE proposes to amend its                      (January 2, 2014), 79 FR 1405 (January 8, 2014)
                                                    notice of no objection to the advance notice on         Schedule of Fees to extend its Managed                (ISE–2013–74).
                                                    February 26, 2015. See Securities Exchange Act          Data Access Service program for the sale                 5 See Securities Exchange Act Release No. 73276
                                                    Release No. 74387 (February 26, 2015), 80 FR 12215                                                            (October 1, 2014), 79 FR 60545 (October 7, 2014)
                                                    (March 6, 2015) (SR–OCC–2014–813).
                                                                                                            of a number of real-time market data
                                                                                                                                                                  (ISE–2014–41).
                                                       3 17 CFR 201.431(e).                                                                                          6 The current Managed Data Access Service
                                                                                                              5 See supra note 4.
                                                       4 See Order Granting Petitions for Review and                                                              program provides an alternative delivery option for
                                                                                                              6 See supra note 2.
                                                    Scheduling Filing of Statements, Securities                                                                   the Real-time Depth of Market Raw Data Feed
                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                    Exchange Act Release No. 75885 (September 10,                                                                 (‘‘Depth Feed’’), the Order Feed, the Top Quote
                                                    2015).                                                    2 17 CFR 240.19b–4.                                 Feed, and the Spread Feed.



                                               VerDate Sep<11>2014   18:18 Sep 15, 2015   Jkt 235001   PO 00000   Frm 00082   Fmt 4703   Sfmt 4703   E:\FR\FM\16SEN1.SGM   16SEN1


                                                    55670                    Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

                                                    whereby the ISE assesses fees to                          user.12 For each of the above ISE data                  constrained in pricing the Managed Data
                                                    Managed Data Access Distributors,7 who                    feeds, Market Data Access Distributors                  Access Service as these services are
                                                    redistribute market data to Managed                       are subject to a minimum fee, which is                  entirely optional, and firms may choose
                                                    Data Access Recipients.8 Managed Data                     $5,000 per month for the Depth Feed,                    whether or not to purchase proprietary
                                                    Access Distributors are required to                       $3,000 per month for each of the Top                    ISE market data products or to utilize
                                                    monitor the delivery of the data                          Quote Feed and Spread Feed, and                         any specific pricing alternative.
                                                    retransmitted to their clients, and must                  $2,000 per month for the Order Feed.                    Moreover, the program will continue to
                                                    agree to reformat, redisplay and/or alter                   The Exchange is not proposing to                      provide an opportunity for all
                                                    the data feeds prior to retransmission                    make any changes to the fees currently                  distributors and subscribers, both
                                                    without affecting the integrity of the                    charged under the Managed Data Access                   Professional and Non-Professional, to
                                                    data feeds and without rendering any of                   Service program.                                        access the ISE data feeds at a potentially
                                                    the feeds inaccurate, unfair,                                                                                     lower cost.
                                                    uninformative, fictitious, misleading, or                 2. Statutory Basis
                                                    discriminatory.                                             The Exchange believes that the                        B. Self-Regulatory Organization’s
                                                       The current fees for the Managed Data                  proposed rule change is consistent with                 Statement on Burden on Competition
                                                    Access Service are as follows:                            the requirements of the Securities                         In accordance with Section 6(b)(8) of
                                                       The Exchange charges a fee to each                     Exchange Act of 1934 (the ‘‘Act’’),13 and               the Act,17 the Exchange does not believe
                                                    Managed Data Access Distributor of                        the rules and regulations thereunder                    that the proposed rule change will
                                                    $2,500 per month for the Depth Feed,                      that are applicable to a national                       impose any burden on intermarket or
                                                    $1,500 for each of the Top Quote Feed                     securities exchange, including the                      intramarket competition that is not
                                                    and Spread Feed, and $1,000 per month                     requirements of Section 6(b) of the                     necessary or appropriate in furtherance
                                                    for the Order Feed. The Exchange also                     Act.14 In particular, the proposal is                   of the purposes of the Act. To the
                                                    charges a fee for each IP address at                      consistent with Section 6(b)(5) of the                  contrary, the Exchange believes that the
                                                    Managed Data Access Recipients that                       Act,15 because is designed to promote                   proposed rule change will promote
                                                    receive market data redistributed by a                    just and equitable principles of trade,                 competition as it extends a program that
                                                    Managed Data Access Distributor, which                    remove impediments to and perfect the                   provides an attractive alternative
                                                    is $750 per month for the Depth Feed,                     mechanisms of a free and open market                    delivery model for ISE market data that
                                                    $500 per month for each of the Top                        and a national market system and, in                    is similar to programs in place on other
                                                    Quote Feed and Spread Feed, and $350                      general, to protect investors and the                   options exchanges. The vigor of
                                                    per month for the Order Feed.9 In                         public interest. The Exchange believes                  competition for market data is
                                                    addition, the Exchange charges a                          that the proposed program is consistent                 significant and the Exchange believes
                                                    controlled device fee for each controlled                 with the protection of investors and the                that this proposal clearly evidences
                                                    device permitted to access market data                    public interest as the Exchange already                 such competition. ISE proposes to
                                                    redistributed by a Managed Data Access                    runs a Managed Data Access Service                      continue to offer this optional Managed
                                                    Distributor to a Market Data Access                       program, and is merely proposing to                     Access Data Service in order to keep
                                                    Recipient that is a Professional user,10                  extend this program for an additional                   pace with changes in the industry and
                                                    which is $50 per month for the Depth                      one year period. The Exchange                           evolving customer needs.
                                                    Feed, $20 per month for the Top Quote                     established the Managed Data Access
                                                    Feed, $25 per month for the Spread                                                                                C. Self-Regulatory Organization’s
                                                                                                              Service as a temporary program in order                 Statement on Comments on the
                                                    Feed, and $10 per month for the Order                     to gauge the level of interest in this new
                                                    Feed.11 Finally, the Exchange charges a                                                                           Proposed Rule Change Received From
                                                                                                              pricing and distribution model, and                     Members, Participants, or Others
                                                    controlled device fee of $5 per month                     now wishes to extend this temporary
                                                    for each controlled device permitted to                   program so that it may continue to offer                  The Exchange has not solicited, and
                                                    access information in the Depth Feed                      an attractive program that competes                     does not intend to solicit, comments on
                                                    redistributed by a Managed Data Access                    with programs offered by other options                  this proposed rule change. The
                                                    Distributor to a Market Data Access                       exchanges.16 The Exchange is                            Exchange has not received any
                                                    Recipient that is a Non-Professional                                                                              unsolicited written comments from
                                                                                                                 12 There is no controlled device fee for Non-        members or other interested parties.
                                                      7A   Managed Data Access Distributor redistributes      Professional users of the Top Quote Feed, Spread
                                                    ISE data feeds and permits access to the information      Feed, or Order Feed. A ‘‘Non-Professional user’’ is     III. Date of Effectiveness of the
                                                    in those data feeds through a controlled device. A        an authorized end-user of the ISE data feeds who        Proposed Rule Change and Timing for
                                                    Managed Data Access Distributor can also                  is a natural person and who is neither: (a)             Commission Action
                                                    redistribute a data feed solution to specific IP          Registered or qualified with the Securities and
                                                    addresses, including an Application Programming           Exchange Commission, the Commodities Futures               Because the proposed rule change
                                                    Interface (‘‘API’’) or similar automated delivery         Trading Commission, any state securities agency,        does not (i) significantly affect the
                                                    solutions, with only limited entitlement controls         any securities exchange or association, or any
                                                    (e.g., usernames and/or passwords) to a recipient of      commodities or futures contract market or
                                                                                                                                                                      protection of investors or the public
                                                    the information.                                          association; (b) engaged as an ‘‘investment advisor’’   interest; (ii) impose any significant
                                                       8 A Managed Data Access Recipient is a                 as that term is defined Section 202(a)(11) of the       burden on competition; and (iii) become
                                                    subscriber to the Managed Data Access Distributor         Investment Advisers Act of 1940 (whether or not         operative for 30 days from the date on
                                                    who receives a reformatted data feed in a controlled      registered or qualified under that act); nor (c)
                                                                                                              employed by a bank or other organization exempt
                                                                                                                                                                      which it was filed, or such shorter time
                                                    device or at a specific IP address. Market Data
                                                    Access Recipients may be Professional or Non-             from registration under Federal and/or state            as the Commission may designate if
asabaliauskas on DSK7TPTVN1PROD with NOTICES




                                                    Professional users.                                       securities laws to perform functions that would         consistent with the protection of
                                                       9 This fee is charged per IP address, which covers     require him/her to be so registered or qualified if
                                                    both primary and back-up IP addresses at a                he/she were to perform such functions for an            Exchange Act Release Nos. 63276 (November 8,
                                                    Managed Data Access Recipient.                            organization not so exempt.                             2010), 75 FR 69717 (November 15, 2010) (SR–
                                                       10 A ‘‘Professional user’’ is an authorized end-user      13 15 U.S.C. 78f.
                                                                                                                                                                      NASDAQ–2010–138); and 69182 (March 19, 2013),
                                                                                                                 14 15 U.S.C. 78f(b).
                                                    of the ISE data feeds that has not qualified as a Non-                                                            78 FR 18378 (March 26, 2013) (SR–PHLX–2013–28).
                                                    Professional user.                                           15 15 U.S.C. 78f(b)(5).                              ISE also offers managed data access service on a
                                                       11 A controlled device is any device that a               16 A number of other exchanges have adopted          permanent basis for the ISE Implied Volatility and
                                                    distributor of an ISE data feed permits to access the     managed data access services to distribute their        Greeks Feed. See supra note 3.
                                                    information in that data feed.                            proprietary market data. See e.g. Securities              17 15 U.S.C. 78f(b)(8).




                                               VerDate Sep<11>2014    18:18 Sep 15, 2015   Jkt 235001   PO 00000   Frm 00083   Fmt 4703   Sfmt 4703   E:\FR\FM\16SEN1.SGM     16SEN1


                                                                             Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices                                                 55671

                                                    investors and the public interest, the                  and Exchange Commission, 100 F Street                  SECURITIES AND EXCHANGE
                                                    proposed rule change has become                         NE., Washington, DC 20549–1090.                        COMMISSION
                                                    effective pursuant to Section 19(b)(3)(A)
                                                    of the Act 18 and Rule 19b–4(f)(6)                      All submissions should refer to File                   [Release No. 34–75875; File No. SR–FINRA–
                                                    thereunder.19                                           Number SR–ISE–2015–25. This file                       2015–026]
                                                       The Exchange has asked the                           number should be included on the
                                                                                                            subject line if email is used. To help the             Self-Regulatory Organizations;
                                                    Commission to waive the 30-day                                                                                 Financial Industry Regulatory
                                                    operative delay so that the proposal may                Commission process and review your
                                                                                                            comments more efficiently, please use                  Authority, Inc.; Notice of Designation
                                                    become operative immediately upon                                                                              of a Longer Period for Commission
                                                    filing. The Exchange stated that waiver                 only one method. The Commission will
                                                                                                            post all comments on the Commission’s                  Action on a Proposed Rule Change To
                                                    of the operative delay will permit the                                                                         Require an Indicator When a TRACE
                                                    Exchange to continue to provide access                  Internet Web site (http://www.sec.gov/
                                                                                                                                                                   Report Does Not Reflect a Commission
                                                    to subscribers interested in the Managed                rules/sro.shtml). Copies of the
                                                                                                                                                                   or Mark-Up/Mark-Down
                                                    Data Access Service program. The                        submission, all subsequent
                                                    Commission believes that waiving the                    amendments, all written statements                     September 10, 2015.
                                                    30-day operative delay is consistent                    with respect to the proposed rule                         On July 20, 2015, Financial Industry
                                                    with the protection of investors and the                change that are filed with the                         Regulatory Authority, Inc. (‘‘FINRA’’)
                                                    public interest. Therefore, the                         Commission, and all written                            filed with the Securities and Exchange
                                                    Commission hereby waives the                            communications relating to the                         Commission (‘‘Commission’’), pursuant
                                                    operative delay and designates the                      proposed rule change between the                       to Section 19(b)(1) of the Securities
                                                    proposed rule change operative upon                     Commission and any person, other than                  Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                    filing.20                                               those that may be withheld from the                    19b–4 thereunder,2 a proposed rule
                                                       At any time within 60 days of the                    public in accordance with the                          change to amend FINRA Rule 6730
                                                    filing of the proposed rule change, the                 provisions of 5 U.S.C. 552, will be                    (Transaction Reporting) to require an
                                                    Commission summarily may                                available for Web site viewing and                     indicator when the TRACE report does
                                                    temporarily suspend such rule change if                 printing in the Commission’s Public                    not reflect a commission or mark-up/
                                                    it appears to the Commission that such                                                                         mark-down. The proposed rule change
                                                                                                            Reference Room, 100 F Street NE.,
                                                    action is necessary or appropriate in the                                                                      was published for comment in the
                                                                                                            Washington, DC 20549 on official
                                                    public interest, for the protection of                                                                         Federal Register on August 7, 2015.3
                                                    investors, or otherwise in furtherance of               business days between the hours of
                                                                                                                                                                   The Commission has received two
                                                    the purposes of the Act. If the                         10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                                                                                   comment letters regarding the proposed
                                                    Commission takes such action, the                       filing also will be available for
                                                                                                                                                                   rule change.4
                                                    Commission shall institute proceedings                  inspection and copying at the principal                   Section 19(b)(2) of the Act 5 provides
                                                    to determine whether the proposed rule                  office of the Exchange. All comments                   that, within 45 days of the publication
                                                    should be approved or disapproved.                      received will be posted without change;                of the notice of the filing of a proposed
                                                                                                            the Commission does not edit personal                  rule change, or within such longer
                                                    IV. Solicitation of Comments                            identifying information from                           period up to 90 days as the Commission
                                                      Interested persons are invited to                     submissions. You should submit only                    may designate if it finds such longer
                                                    submit written data, views, and                         information that you wish to make                      period to be appropriate and publishes
                                                    arguments concerning the foregoing,                     available publicly. All submissions                    its reasons for so finding, or as to which
                                                    including whether the proposed rule                     should refer to File Number SR–ISE–                    the self-regulatory organization
                                                    change is consistent with the Act.                      2015–25, and should be submitted on or                 consents, the Commission shall either
                                                    Comments may be submitted by any of                     before October 7, 2015.                                approve the proposed rule change,
                                                    the following methods:                                                                                         disapprove the proposed rule change, or
                                                                                                              For the Commission, by the Division of
                                                    Electronic Comments                                     Trading and Markets, pursuant to delegated             institute proceedings to determine
                                                                                                            authority.21                                           whether the proposed rule change
                                                      • Use the Commission’s Internet                                                                              should be disapproved. The
                                                    comment form (http://www.sec.gov/                                                                              Commission is extending this 45-day
                                                    rules/sro.shtml); or                                    Robert W. Errett,
                                                                                                                                                                   time period.
                                                      • Send an email to rule-comments@                     Deputy Secretary.                                         The Commission finds that it is
                                                    sec.gov. Please include File Number SR–                 [FR Doc. 2015–23210 Filed 9–15–15; 8:45 am]            appropriate to designate a longer period
                                                    ISE–2015–25 on the subject line.                        BILLING CODE 8011–01–P                                 within which to take action on the
                                                    Paper Comments                                                                                                 proposed rule change so that it has
                                                                                                                                                                   sufficient time to consider the proposed
                                                      • Send paper comments in triplicate                                                                          rule change and issues raised in the
                                                    to Brent J. Fields, Secretary, Securities                                                                      comment letters. Accordingly, the
                                                      18 15
                                                                                                                                                                   Commission, pursuant to Section
                                                             U.S.C. 78s(b)(3)(A).
                                                      19 17  CFR 240.19b–4(f)(6). As required under Rule                                                             1 15 U.S.C.78s(b)(1).
                                                    19b–4(f)(6)(iii), the Exchange provided the
                                                                                                                                                                     2 17 CFR 240.19b–4.
                                                    Commission with written notice of its intent to file
asabaliauskas on DSK7TPTVN1PROD with NOTICES




                                                                                                                                                                     3 See Securities Exchange Act Release No. 75588
                                                    the proposed rule change, along with a brief
                                                    description and the text of the proposed rule                                                                  (August 3, 2015), 80 FR 47546.
                                                    change, at least five business days prior to the date                                                            4 See letter from Sean Davy, Managing Director,

                                                    of filing of the proposed rule change, or such                                                                 Securities Industry and Financial Markets
                                                    shorter time as designated by the Commission.                                                                  Association, to Elizabeth M. Murphy, Secretary,
                                                       20 For purposes only of waiving the 30-day                                                                  Commission, dated August 27, 2015 and letter from
                                                    operative delay, the Commission has also                                                                       Michael Nicholas, Chief Executive Officer, Bond
                                                    considered the proposed rule’s impact on                                                                       Dealers of America, to Secretary, Commission,
                                                    efficiency, competition, and capital formation. See                                                            dated August 28, 2015.
                                                    15 U.S.C. 78c(f).                                         21 17   CFR 200.30–3(a)(12).                           5 15 U.S.C. 78s(b)(2).




                                               VerDate Sep<11>2014   18:18 Sep 15, 2015   Jkt 235001   PO 00000   Frm 00084    Fmt 4703   Sfmt 4703   E:\FR\FM\16SEN1.SGM   16SEN1



Document Created: 2018-02-26 10:16:30
Document Modified: 2018-02-26 10:16:30
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 55669 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR