80_FR_74407 80 FR 74179 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

80 FR 74179 - Self-Regulatory Organizations; ISE Gemini, 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 228 (November 27, 2015)

Page Range74179-74181
FR Document2015-30089

Federal Register, Volume 80 Issue 228 (Friday, November 27, 2015)
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74179-74181]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30089]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76500; File No. SR-ISEGemini-2015-26]


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

November 20, 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 November 6, 2015, ISE Gemini, LLC (the ``Exchange'' or ``ISE 
Gemini'') 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 self-regulatory 
organization. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    ISE Gemini proposes to amend the Schedule of Fees as described in 
more detail below. The text of the proposed rule change is available on 
the Exchange's Internet Web site at 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 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 self-regulatory organization has prepared summaries, 
set forth in Sections A, B and C below, of the most significant aspects 
of such statements.

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

1. Purpose
    The Exchange currently offers three real-time market data feed 
offerings.\3\ In order to encourage subscriptions to multiple market 
data feeds, ISE Gemini adopted a multi-product subscription discount, 
which offers a ten percent (10%) discount for customers who subscribe 
to two data feeds.\4\ The Exchange now proposes to remove this multi-
product subscription discount from its Schedule of Fees.
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    \3\ The market data feeds are: the ISE Gemini Order Feed, the 
ISE Gemini Top Quote Feed, and the ISE Gemini Real-Time Depth of 
Market Raw Data Feed.
    \4\ See Securities Exchange Act Release No. 34-71614 (February 
25, 2014), 79 FR 11840 (March 3, 2014) (SR-ISE Gemini-2014-10).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\5\ in general, and Section 
6(b)(4) of the Act,\6\ in particular, in that 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.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In particular, the Exchange believes the removal of the 
subscription discount is reasonable and equitable because the discount 
is no longer necessary to encourage subscriptions to multiple data 
feeds. Further, the Exchange believes that the proposed removal of the 
discount is not unfairly discriminatory because it applies to all 
similarly situated market participations who subscribe to the feeds.

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

    In accordance with Section 6(b)(8) of the Act,\7\ 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. The removal of 
the multi-product, market data

[[Page 74180]]

discount reflects the intense competition among exchanges and the cost 
of producing market data as further described below.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Notwithstanding its determination that the Commission may rely upon 
competition to establish fair and equitably allocated fees for market 
data, the NetCoaltion [sic] court found that the Commission had not, in 
that case, compiled a record that adequately supported its conclusion 
that the market for the data at issue in the case was competitive. The 
Exchange believes that a record may readily be established to 
demonstrate the competitive nature of the market in question.
    For the reasons discussed above, the Exchange believes that the 
Dodd-Frank Act amendments to Section 19 materially alter the scope of 
the Commission's review of future market data filings, by creating a 
presumption that all fees may take effect immediately, without prior 
analysis by the Commission of the competitive environment. Even in the 
absence of this important statutory change, however, the Exchange 
believes that a record may readily be established to demonstrate the 
competitive nature of the market in question.
    There is intense competition between exchanges that provide 
transaction execution and routing services and proprietary data 
products. Transaction execution and proprietary data products are 
complementary in that market data is both an input and a byproduct of 
the execution service. In fact, market data and trade execution are a 
paradigmatic example of joint products with joint costs. The decision 
whether and on which exchange to post an order will depend on the 
attributes of the exchange where the order can be posted, including the 
execution fees, data quality and price and distribution of its data 
products. Without the prospect of a taking order seeing and reacting to 
a posted order on a particular exchange, the posting of the order would 
accomplish little. Without trade executions, exchange data products 
cannot exist. Data products are valuable to many end users only insofar 
as they provide information that end users expect will assist them or 
their customers in making trading decisions.
    The costs of producing market data include not only the costs of 
the data distribution infrastructure, but also the costs of designing, 
maintaining, and operating the exchange's transaction execution 
platform and the cost of regulating the exchange to ensure its fair 
operation and maintain investor confidence. The total return that an 
exchange earns reflects the revenues it receives from both products and 
the joint costs it incurs. Moreover, an exchange's customers view the 
costs of transaction executions and of data as a unified cost of doing 
business with the exchange. A broker-dealer will direct orders to a 
particular exchange only if the expected revenues from executing trades 
on the exchange exceed net transaction execution costs and the cost of 
data that the broker-dealer chooses to buy to support its trading 
decisions (or those of its customers). The choice of data products is, 
in turn, a product of the value of the products in making profitable 
trading decisions. If the cost of the product exceeds its expected 
value, the broker-dealer will choose not to buy it.
    Moreover, as a broker-dealer chooses to direct fewer orders to a 
particular exchange, the value of the product to that broker-dealer 
decreases, for two reasons. First, the product will contain less 
information, because executions of the broker-dealer's orders will not 
be reflected in it. Second, and perhaps more important, the product 
will be less valuable to that broker-dealer because it does not provide 
information about the venue to which it is directing its orders. Data 
from the competing venue to which the broker-dealer is directing orders 
will become correspondingly more valuable. Thus, a super-competitive 
increase in the fees charged for either transactions or data has the 
potential to impair revenues from both products. ``No one disputes that 
competition for order flow is `fierce'.'' \8\ However, the existence of 
fierce competition for order flow implies a high degree of price 
sensitivity on the part of broker-dealers with order flow, since they 
may readily reduce costs by directing orders toward the lowest-cost 
trading venues. A broker-dealer that shifted its order flow from one 
platform to another in response to order execution price differentials 
would both reduce the value of that platform's market data and reduce 
its own need to consume data from the disfavored platform. Similarly, 
if a platform increases its market data fees, the change will affect 
the overall cost of doing business with the platform, and affected 
broker-dealers will assess whether they can lower their trading costs 
by directing orders elsewhere and thereby lessening the need for the 
more expensive data.
---------------------------------------------------------------------------

    \8\ NetCoalition, at 24.
---------------------------------------------------------------------------

    Analyzing the cost of market data distribution in isolation from 
the cost of all of the inputs supporting the creation of market data 
will inevitably underestimate the cost of the data. Thus, because it is 
impossible to create data without a fast, technologically robust, and 
well-regulated execution system, system costs and regulatory costs 
affect the price of market data. It would be equally misleading, 
however, to attribute all of the exchange's costs to the market data 
portion of an exchange's joint product. Rather, all of the exchange's 
costs are incurred for the unified purposes of attracting order flow, 
executing and/or routing orders, and generating and selling data about 
market activity. The total return that an exchange earns reflects the 
revenues it receives from the joint products and the total costs of the 
joint products.
    Competition among exchanges can be expected to constrain the 
aggregate return each exchange earns from the sale of its joint 
products, but different exchanges may choose from a range of possible, 
and equally reasonable, pricing strategies as the means of recovering 
total costs. For example, some exchanges may choose to pay rebates to 
attract orders, charge relatively low prices for market information (or 
provide information free of charge) and charge relatively high prices 
for accessing posted liquidity. Other exchanges may choose a strategy 
of paying lower rebates (or no rebates) to attract orders, setting 
relatively high prices for market information, and setting relatively 
low prices for accessing posted liquidity. In this environment, there 
is no economic basis for regulating maximum prices for one of the joint 
products in an industry in which suppliers face competitive constraints 
with regard to the joint offering.
    The market for market data products is competitive and inherently 
contestable because there is fierce competition for the inputs 
necessary to the creation of proprietary data and strict pricing 
discipline for the proprietary products themselves. Numerous exchanges 
compete with each other for listings, trades, and market data itself, 
providing virtually limitless opportunities for entrepreneurs who wish 
to produce and distribute their own market data. This proprietary data 
is produced by each individual exchange.
    Market data vendors provide another form of price discipline for 
proprietary data products because they control the primary means of 
access to end users. Vendors impose price restraints based upon their 
business models. For example, vendors such as Bloomberg and Reuters 
that assess a surcharge on data they sell may refuse to offer 
proprietary products that end users will not purchase in sufficient 
numbers.

[[Page 74181]]

Internet portals, such as Google, impose a discipline by providing only 
data that will enable them to attract ``eyeballs'' that contribute to 
their advertising revenue. Retail broker-dealers, such as Schwab and 
Fidelity, offer their customers proprietary data only if it promotes 
trading and generates sufficient commission revenue. Although the 
business models may differ, these vendors' pricing discipline is the 
same: they can simply refuse to purchase any proprietary data product 
that fails to provide sufficient value. The Exchange and other 
producers of proprietary data products must understand and respond to 
these varying business models and pricing disciplines in order to 
market proprietary data products successfully.

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)(ii) of the Act,\9\ and subparagraph (f)(2) of Rule 19b-4 
thereunder,\10\ because it establishes a due, fee, or other charge 
imposed by ISE Gemini.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings 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-ISEGemini-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-ISEGemini-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 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-ISEGemini-2015-26, and 
should be submitted on or before December 18, 2015.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-30089 Filed 11-25-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices                                                    74179

                                                  SECURITIES AND EXCHANGE                                   Accordingly, pursuant to Section                     concerning the purpose of, and basis for,
                                                  COMMISSION                                              19(b)(2)(A)(ii)(I) of the Exchange Act,5               the proposed rule change and discussed
                                                                                                          the Commission designates January 17,                  any comments it received on the
                                                  [Release No. 34–76496; File No. SR–OCC–
                                                                                                          2016, as the date by which the                         proposed rule change. The text of these
                                                  2015–016]
                                                                                                          Commission should either approve or                    statements may be examined at the
                                                  Self-Regulatory Organizations; The                      disapprove, or institute proceedings to                places specified in Item IV below. The
                                                  Options Clearing Corporation; Notice                    determine whether to disapprove, the                   self-regulatory organization has
                                                  of Designation of Longer Period for                     proposed rule change (File No. SR–                     prepared summaries, set forth in
                                                  Commission Action on Proposed Rule                      OCC–2015–016).                                         Sections A, B and C below, of the most
                                                  Change To Modify The Options                              For the Commission, by the Division of               significant aspects of such statements.
                                                  Clearing Corporation’s Margin                           Trading and Markets, pursuant to delegated             A. Self-Regulatory Organization’s
                                                  Methodology by Incorporating                            authority.6                                            Statement of the Purpose of, and
                                                  Variations in Implied Volatility                        Robert W. Errett,                                      Statutory Basis for, the Proposed Rule
                                                                                                          Deputy Secretary.                                      Change
                                                  November 20, 2015.
                                                                                                          [FR Doc. 2015–30085 Filed 11–25–15; 8:45 am]
                                                     On October 5, 2015, The Options                                                                             1. Purpose
                                                                                                          BILLING CODE 8011–01–P
                                                  Clearing Corporation (‘‘OCC’’) filed with                                                                         The Exchange currently offers three
                                                  the Securities and Exchange                                                                                    real-time market data feed offerings.3 In
                                                  Commission (‘‘Commission’’) the                         SECURITIES AND EXCHANGE                                order to encourage subscriptions to
                                                  proposed rule change SR–OCC–2015–                       COMMISSION                                             multiple market data feeds, ISE Gemini
                                                  016 pursuant to Section 19(b)(1) of the                                                                        adopted a multi-product subscription
                                                  Securities Exchange Act of 1934                         [Release No. 34–76500; File No. SR–
                                                                                                          ISEGemini–2015–26]
                                                                                                                                                                 discount, which offers a ten percent
                                                  (‘‘Exchange Act’’) 1 and Rule 19b–4                                                                            (10%) discount for customers who
                                                  thereunder.2 The proposed rule change                                                                          subscribe to two data feeds.4 The
                                                                                                          Self-Regulatory Organizations; ISE
                                                  was published for comment in the                        Gemini, LLC; Notice of Filing and                      Exchange now proposes to remove this
                                                  Federal Register on October 19, 2015.3                  Immediate Effectiveness of Proposed                    multi-product subscription discount
                                                  The Commission did not receive any                      Rule Change To Amend the Schedule                      from its Schedule of Fees.
                                                  comments on the proposed rule change.                   of Fees
                                                     Section 19(b)(2) of the Exchange Act 4                                                                      2. Statutory Basis
                                                  provides that within 45 days of the                     November 20, 2015.                                        The Exchange believes that the
                                                  publication of notice of the filing of a                   Pursuant to Section 19(b)(1) of the                 proposed rule change is consistent with
                                                  proposed rule change, or within such                    Securities Exchange Act of 1934 (the                   the provisions of Section 6 of the Act,5
                                                  longer period up to 90 days as the                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 in general, and Section 6(b)(4) of the
                                                  Commission may designate if it finds                    notice is hereby given that on November                Act,6 in particular, in that it is designed
                                                  such longer period to be appropriate                    6, 2015, ISE Gemini, LLC (the                          to provide for the equitable allocation of
                                                  and publishes its reasons for so finding                ‘‘Exchange’’ or ‘‘ISE Gemini’’) filed with             reasonable dues, fees, and other charges
                                                  or as to which the self-regulatory                      the Securities and Exchange                            among its members and other persons
                                                  organization consents, the Commission                   Commission (‘‘Commission’’) the                        using its facilities.
                                                  shall either approve the proposed rule                  proposed rule change, as described in                     In particular, the Exchange believes
                                                  change, disapprove the proposed rule                    Items I, II, and III below, which Items                the removal of the subscription discount
                                                  change, or institute proceedings to                     have been prepared by the self-                        is reasonable and equitable because the
                                                  determine whether the proposed rule                     regulatory organization. The                           discount is no longer necessary to
                                                  change should be disapproved. The 45th                  Commission is publishing this notice to                encourage subscriptions to multiple
                                                  day from the publication of notice of                   solicit comments on the proposed rule                  data feeds. Further, the Exchange
                                                  filing of this proposed rule change is                  change from interested persons.                        believes that the proposed removal of
                                                  December 3, 2015.                                                                                              the discount is not unfairly
                                                     The Commission is extending the 45-                  I. Self-Regulatory Organization’s                      discriminatory because it applies to all
                                                  day time period for Commission action                   Statement of the Terms of Substance of                 similarly situated market participations
                                                  on the proposed rule change. The                        the Proposed Rule Change                               who subscribe to the feeds.
                                                  Commission finds that it is appropriate                    ISE Gemini proposes to amend the                    B. Self-Regulatory Organization’s
                                                  to designate a longer period within                     Schedule of Fees as described in more                  Statement on Burden on Competition
                                                  which to take action on the proposed                    detail below. The text of the proposed
                                                  rule change so that it has sufficient time              rule change is available on the                          In accordance with Section 6(b)(8) of
                                                  to consider and take action on OCC’s                    Exchange’s Internet Web site at http://                the Act,7 the Exchange does not believe
                                                  proposed rule change.                                   www.ise.com, at the principal office of                that the proposed rule change will
                                                                                                          the Exchange, and at the Commission’s                  impose any burden on intermarket or
                                                    1 15 U.S.C. 78s(b)(1).                                Public Reference Room.                                 intramarket competition that is not
                                                    2 17 CFR 240.19b–4. OCC also filed this proposal                                                             necessary or appropriate in furtherance
                                                  as an advance notice pursuant to Section 802(e)(1)      II. Self-Regulatory Organization’s                     of the purposes of the Act. The removal
                                                  of the Payment, Clearing, and Settlement                Statement of the Purpose of, and                       of the multi-product, market data
                                                  Supervision Act of 2010 and Rule 19b–4(n)(1)            Statutory Basis for, the Proposed Rule
                                                  under the Exchange Act. 15 U.S.C. 5465(e)(1) and
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  17 CFR 240.19b–4(n)(1). See Securities Exchange
                                                                                                          Change                                                   3 The market data feeds are: the ISE Gemini Order

                                                  Act Release No. 76421 (November 10, 2015), 80 FR                                                               Feed, the ISE Gemini Top Quote Feed, and the ISE
                                                                                                             In its filing with the Commission, the              Gemini Real-Time Depth of Market Raw Data Feed.
                                                  71900 (November 17, 2015) (SR–OCC–2015–804).
                                                  To date, the Commission has not received any
                                                                                                          Exchange included statements                             4 See Securities Exchange Act Release No. 34–

                                                  comments on the advance notice.                                                                                71614 (February 25, 2014), 79 FR 11840 (March 3,
                                                    3 Securities Exchange Act Release No. 76128             5 15 U.S.C. 19(b)(2)(A)(ii)(I).                      2014) (SR–ISE Gemini–2014–10).
                                                                                                            6 17 CFR 200.30–3(a)(31).                              5 15 U.S.C. 78f.
                                                  (October 13, 2015), 80 FR 63264 (October 19, 2015)
                                                  (SR–OCC–2015–016).                                        1 15 U.S.C. 78s(b)(1).                                 6 15 U.S.C. 78f(b)(4).
                                                    4 15 U.S.C. 78s(b)(2).                                  2 17 CFR 240.19b–4.                                    7 15 U.S.C. 78f(b)(8).




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                                                  74180                       Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices

                                                  discount reflects the intense                           receives from both products and the                     because it is impossible to create data
                                                  competition among exchanges and the                     joint costs it incurs. Moreover, an                     without a fast, technologically robust,
                                                  cost of producing market data as further                exchange’s customers view the costs of                  and well-regulated execution system,
                                                  described below.                                        transaction executions and of data as a                 system costs and regulatory costs affect
                                                     Notwithstanding its determination                    unified cost of doing business with the                 the price of market data. It would be
                                                  that the Commission may rely upon                       exchange. A broker-dealer will direct                   equally misleading, however, to
                                                  competition to establish fair and                       orders to a particular exchange only if                 attribute all of the exchange’s costs to
                                                  equitably allocated fees for market data,               the expected revenues from executing                    the market data portion of an exchange’s
                                                  the NetCoaltion [sic] court found that                  trades on the exchange exceed net                       joint product. Rather, all of the
                                                  the Commission had not, in that case,                   transaction execution costs and the cost                exchange’s costs are incurred for the
                                                  compiled a record that adequately                       of data that the broker-dealer chooses to               unified purposes of attracting order
                                                  supported its conclusion that the market                buy to support its trading decisions (or                flow, executing and/or routing orders,
                                                  for the data at issue in the case was                   those of its customers). The choice of                  and generating and selling data about
                                                  competitive. The Exchange believes that                 data products is, in turn, a product of                 market activity. The total return that an
                                                  a record may readily be established to                  the value of the products in making                     exchange earns reflects the revenues it
                                                  demonstrate the competitive nature of                   profitable trading decisions. If the cost               receives from the joint products and the
                                                  the market in question.                                 of the product exceeds its expected                     total costs of the joint products.
                                                     For the reasons discussed above, the                 value, the broker-dealer will choose not                   Competition among exchanges can be
                                                  Exchange believes that the Dodd-Frank                   to buy it.                                              expected to constrain the aggregate
                                                  Act amendments to Section 19                               Moreover, as a broker-dealer chooses                 return each exchange earns from the
                                                  materially alter the scope of the                       to direct fewer orders to a particular                  sale of its joint products, but different
                                                  Commission’s review of future market                    exchange, the value of the product to                   exchanges may choose from a range of
                                                  data filings, by creating a presumption                 that broker-dealer decreases, for two                   possible, and equally reasonable,
                                                  that all fees may take effect                           reasons. First, the product will contain                pricing strategies as the means of
                                                  immediately, without prior analysis by                  less information, because executions of                 recovering total costs. For example,
                                                  the Commission of the competitive                       the broker-dealer’s orders will not be                  some exchanges may choose to pay
                                                  environment. Even in the absence of                     reflected in it. Second, and perhaps                    rebates to attract orders, charge
                                                  this important statutory change,                        more important, the product will be less                relatively low prices for market
                                                  however, the Exchange believes that a                   valuable to that broker-dealer because it               information (or provide information free
                                                  record may readily be established to                    does not provide information about the                  of charge) and charge relatively high
                                                  demonstrate the competitive nature of                   venue to which it is directing its orders.              prices for accessing posted liquidity.
                                                  the market in question.                                 Data from the competing venue to                        Other exchanges may choose a strategy
                                                     There is intense competition between                 which the broker-dealer is directing                    of paying lower rebates (or no rebates)
                                                  exchanges that provide transaction                      orders will become correspondingly                      to attract orders, setting relatively high
                                                  execution and routing services and                      more valuable. Thus, a super-                           prices for market information, and
                                                  proprietary data products. Transaction                  competitive increase in the fees charged                setting relatively low prices for
                                                  execution and proprietary data products                 for either transactions or data has the                 accessing posted liquidity. In this
                                                  are complementary in that market data                   potential to impair revenues from both                  environment, there is no economic basis
                                                  is both an input and a byproduct of the                 products. ‘‘No one disputes that                        for regulating maximum prices for one
                                                  execution service. In fact, market data                 competition for order flow is ‘fierce’.’’ 8             of the joint products in an industry in
                                                  and trade execution are a paradigmatic                  However, the existence of fierce                        which suppliers face competitive
                                                  example of joint products with joint                    competition for order flow implies a                    constraints with regard to the joint
                                                  costs. The decision whether and on                      high degree of price sensitivity on the                 offering.
                                                  which exchange to post an order will                    part of broker-dealers with order flow,                    The market for market data products
                                                  depend on the attributes of the exchange                since they may readily reduce costs by                  is competitive and inherently
                                                  where the order can be posted,                          directing orders toward the lowest-cost                 contestable because there is fierce
                                                  including the execution fees, data                      trading venues. A broker-dealer that                    competition for the inputs necessary to
                                                  quality and price and distribution of its               shifted its order flow from one platform                the creation of proprietary data and
                                                  data products. Without the prospect of                  to another in response to order                         strict pricing discipline for the
                                                  a taking order seeing and reacting to a                 execution price differentials would both                proprietary products themselves.
                                                  posted order on a particular exchange,                  reduce the value of that platform’s                     Numerous exchanges compete with
                                                  the posting of the order would                          market data and reduce its own need to                  each other for listings, trades, and
                                                  accomplish little. Without trade                        consume data from the disfavored                        market data itself, providing virtually
                                                  executions, exchange data products                      platform. Similarly, if a platform                      limitless opportunities for entrepreneurs
                                                  cannot exist. Data products are valuable                increases its market data fees, the                     who wish to produce and distribute
                                                  to many end users only insofar as they                  change will affect the overall cost of                  their own market data. This proprietary
                                                  provide information that end users                      doing business with the platform, and                   data is produced by each individual
                                                  expect will assist them or their                        affected broker-dealers will assess                     exchange.
                                                  customers in making trading decisions.                  whether they can lower their trading                       Market data vendors provide another
                                                     The costs of producing market data                   costs by directing orders elsewhere and                 form of price discipline for proprietary
                                                  include not only the costs of the data                  thereby lessening the need for the more                 data products because they control the
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                                                  distribution infrastructure, but also the               expensive data.                                         primary means of access to end users.
                                                  costs of designing, maintaining, and                       Analyzing the cost of market data                    Vendors impose price restraints based
                                                  operating the exchange’s transaction                    distribution in isolation from the cost of              upon their business models. For
                                                  execution platform and the cost of                      all of the inputs supporting the creation               example, vendors such as Bloomberg
                                                  regulating the exchange to ensure its fair              of market data will inevitably                          and Reuters that assess a surcharge on
                                                  operation and maintain investor                         underestimate the cost of the data. Thus,               data they sell may refuse to offer
                                                  confidence. The total return that an                                                                            proprietary products that end users will
                                                  exchange earns reflects the revenues it                   8 NetCoalition,   at 24.                              not purchase in sufficient numbers.


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                                                                                  Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices                                           74181

                                                  Internet portals, such as Google, impose                   Electronic Comments                                    SECURITIES AND EXCHANGE
                                                  a discipline by providing only data that                                                                          COMMISSION
                                                  will enable them to attract ‘‘eyeballs’’                     • Use the Commission’s Internet
                                                                                                             comment form (http://www.sec.gov/                      [Release No. 34–76501; File No. SR–ISE–
                                                  that contribute to their advertising                                                                              2015–40]
                                                  revenue. Retail broker-dealers, such as                    rules/sro.shtml); or
                                                  Schwab and Fidelity, offer their                             • Send an email to rule-comments@                    Self-Regulatory Organizations;
                                                  customers proprietary data only if it                      sec.gov. Please include File Number SR–                International Securities Exchange,
                                                  promotes trading and generates                             ISEGemini–2015–26 on the subject line.                 LLC; Notice of Filing and Immediate
                                                  sufficient commission revenue.                                                                                    Effectiveness of Proposed Rule
                                                  Although the business models may                           Paper Comments                                         Change To Amend the Schedule of
                                                  differ, these vendors’ pricing discipline                                                                         Fees
                                                                                                               • Send paper comments in triplicate
                                                  is the same: they can simply refuse to
                                                                                                             to Brent J. Fields, Secretary, Securities              November 20, 2015.
                                                  purchase any proprietary data product
                                                  that fails to provide sufficient value.                    and Exchange Commission, 100 F Street                     Pursuant to Section 19(b)(1) of the
                                                  The Exchange and other producers of                        NE., Washington, DC 20549–1090.                        Securities Exchange Act of 1934 (the
                                                  proprietary data products must                             All submissions should refer to File                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  understand and respond to these                                                                                   notice is hereby given that on November
                                                                                                             Number SR–ISEGemini–2015–26. This
                                                  varying business models and pricing                                                                               6, 2015, the International Securities
                                                                                                             file number should be included on the
                                                  disciplines in order to market                                                                                    Exchange, LLC (the ‘‘Exchange’’ or
                                                                                                             subject line if email is used. To help the             ‘‘ISE’’) filed with the Securities and
                                                  proprietary data products successfully.                    Commission process and review your                     Exchange Commission (‘‘Commission’’)
                                                  C. Self-Regulatory Organization’s                          comments more efficiently, please use                  the proposed rule change, as described
                                                  Statement on Comments on the                               only one method. The Commission will                   in Items I, II, and III below, which Items
                                                  Proposed Rule Change Received From                         post all comments on the Commission’s                  have been prepared by the self-
                                                  Members, Participants, or Others                           Internet Web site (http://www.sec.gov/                 regulatory organization. The
                                                                                                             rules/sro.shtml). Copies of the                        Commission is publishing this notice to
                                                    The Exchange has not solicited, and                      submission, all subsequent                             solicit comments on the proposed rule
                                                  does not intend to solicit, comments on                    amendments, all written statements                     change from interested persons.
                                                  this proposed rule change. The                             with respect to the proposed rule
                                                  Exchange has not received any                                                                                     I. Self-Regulatory Organization’s
                                                                                                             change that are filed with the                         Statement of the Terms of Substance of
                                                  unsolicited written comments from                          Commission, and all written
                                                  members or other interested parties.                                                                              the Proposed Rule Change
                                                                                                             communications relating to the
                                                                                                             proposed rule change between the                          ISE proposes to amend the Schedule
                                                  III. Date of Effectiveness of the
                                                                                                                                                                    of Fees as described in more detail
                                                  Proposed Rule Change and Timing for                        Commission and any person, other than
                                                                                                                                                                    below. The text of the proposed rule
                                                  Commission Action                                          those that may be withheld from the
                                                                                                                                                                    change is available on the Exchange’s
                                                                                                             public in accordance with the                          Internet Web site at http://www.ise.com,
                                                     The foregoing rule change has become                    provisions of 5 U.S.C. 552, will be
                                                  effective pursuant to Section                                                                                     at the principal office of the Exchange,
                                                                                                             available for Web site viewing and                     and at the Commission’s Public
                                                  19(b)(3)(A)(ii) of the Act,9 and                           printing in the Commission’s Public
                                                  subparagraph (f)(2) of Rule 19b–4                                                                                 Reference Room.
                                                                                                             Reference Room, 100 F Street NE.,
                                                  thereunder,10 because it establishes a                                                                            II. Self-Regulatory Organization’s
                                                                                                             Washington, DC 20549 on official
                                                  due, fee, or other charge imposed by ISE                                                                          Statement of the Purpose of, and
                                                  Gemini.                                                    business days between the hours of
                                                                                                             10:00 a.m. and 3:00 p.m. Copies of such                Statutory Basis for, the Proposed Rule
                                                     At any time within 60 days of the                                                                              Change
                                                                                                             filing also will be available for
                                                  filing of such proposed rule change, the                   inspection and copying at the principal                   In its filing with the Commission, the
                                                  Commission summarily may                                   office of the Exchange. All comments                   Exchange included statements
                                                  temporarily suspend such rule change if                    received will be posted without change;                concerning the purpose of, and basis for,
                                                  it appears to the Commission that such                                                                            the proposed rule change and discussed
                                                                                                             the Commission does not edit personal
                                                  action is necessary or appropriate in the                                                                         any comments it received on the
                                                                                                             identifying information from
                                                  public interest, for the protection of                                                                            proposed rule change. The text of these
                                                  investors, or otherwise in furtherance of                  submissions. You should submit only
                                                                                                             information that you wish to make                      statements may be examined at the
                                                  the purposes of the Act. If the                                                                                   places specified in Item IV below. The
                                                  Commission takes such action, the                          available publicly. All submissions
                                                                                                                                                                    self-regulatory organization has
                                                  Commission shall institute proceedings                     should refer to File Number SR–
                                                                                                                                                                    prepared summaries, set forth in
                                                  to determine whether the proposed rule                     ISEGemini–2015–26, and should be                       Sections A, B and C below, of the most
                                                  should be approved or disapproved.                         submitted on or before December 18,                    significant aspects of such statements.
                                                                                                             2015.
                                                  IV. Solicitation of Comments                                                                                      A. Self-Regulatory Organization’s
                                                                                                               For the Commission, by the Division of
                                                                                                                                                                    Statement of the Purpose of, and
                                                    Interested persons are invited to                        Trading and Markets, pursuant to delegated
                                                                                                                                                                    Statutory Basis for, the Proposed Rule
                                                  submit written data, views, and                            authority.11
                                                                                                                                                                    Change
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                                                  arguments concerning the foregoing,                        Robert W. Errett,
                                                  including whether the proposed rule                        Deputy Secretary.                                      1. Purpose
                                                  change is consistent with the Act.                         [FR Doc. 2015–30089 Filed 11–25–15; 8:45 am]              The purpose of the proposed rule
                                                  Comments may be submitted by any of                                                                               change is to amend the Schedule of Fees
                                                                                                             BILLING CODE 8011–01–P
                                                  the following methods:                                                                                            to offer a one (1) month free trial of the
                                                    9 15   U.S.C. 78s(b)(3)(A)(ii).                                                                                   1 15   U.S.C. 78s(b)(1).
                                                    10 17   CFR 240.19b–4(f)(2).                               11 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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Document Created: 2015-12-14 14:04:59
Document Modified: 2015-12-14 14:04:59
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 74179 

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