80 FR 81609 - Self-Regulatory Organizations; New York Stock Exchange LLC; Order Approving Proposed Rule Change to the Co-Location Services Offered by the Exchange (the Offering of a Wireless Connection To Allow Users To Receive Market Data Feeds From Third Party Markets) and To Reflect Changes to the Exchange's Price List Related to These Services
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 250 (December 30, 2015)
Federal Register Volume 80, Issue 250 (December 30, 2015)
| Page Range | 81609-81611 | |
| FR Document | 2015-32817 |
[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)] [Notices] [Pages 81609-81611] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32817] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76748; File No. SR-NYSE-2015-52] Self-Regulatory Organizations; New York Stock Exchange LLC; Order Approving Proposed Rule Change to the Co-Location Services Offered by the Exchange (the Offering of a Wireless Connection To Allow Users To Receive Market Data Feeds From Third Party Markets) and To Reflect Changes to the Exchange's Price List Related to These Services December 23, 2015. I. Introduction On October 23, 2015, New York Stock Exchange LLC (``NYSE'' or the ``Exchange'') filed with the Securities and Exchange Commission (the ``Commission'') pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act [[Page 81610]] of 1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ a proposed rule change to amend the co-location services offered by the Exchange to include a means for co-located Users to receive market data feeds from third party markets through a wireless connection. The proposed rule change was published in the Federal Register on November 12, 2015.\4\ No comment letters were received in response to the Notice. This order approves the proposed rule change. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. \4\ See Securities Exchange Act Release No. 76374 (November 5, 2015), 80 FR 70021 (November 12, 2015) (``Notice''). --------------------------------------------------------------------------- II. Description of the Proposed Rule Change The Exchange proposes to change the co-location services offered by the Exchange to include a means for Users to receive market data feeds from third party markets (the ``Third Party Data'') through a wireless connection.\5\ In addition, the proposed rule change reflects changes to the Exchange's Price List related to these co-location services. --------------------------------------------------------------------------- \5\ For purposes of the Exchange's co-location services, a ``User'' means any market participant that requests to receive co- location services directly from the Exchange. See Securities Exchange Act Release No. 76008 (September 29, 2015), 80 FR 60190 (October 5, 2015) (SR-NYSE-2015-40). As specified in the Price List, a User that incurs co-location fees for a particular co-location service pursuant thereto would not be subject to co-location fees for the same co-location service charged by the Exchange's affiliates NYSE MKT LLC and NYSE Arca, Inc. See Securities Exchange Act Release No. 70206 (August 15, 2013), 78 FR 51765 (August 21, 2013) (SR-NYSE-2013-59). --------------------------------------------------------------------------- The Exchange proposes to offer the wireless connection to provide Users with an alternative means of connectivity for Third Party Data. As the Exchange notes, wireless connections involve beaming signals through the air between antennas that are within sight of one another.\6\ Because the signals travel a straight, unimpeded line, and because light waves travel faster through air than through glass (fiber optics), wireless messages have lower latency than messages travelling through fiber optics.\7\ --------------------------------------------------------------------------- \6\ See Notice, supra note 4 at 70021. \7\ See id. --------------------------------------------------------------------------- Under the proposed rule change, the Exchange would utilize a network vendor to provide a wireless connection to the Third Party Data through wireless connections from the Exchange access centers in Secaucus and Carteret, New Jersey, to its data center in Mahwah, New Jersey, through a series of towers equipped with wireless equipment.\8\ A User that chooses this optional service would be able to receive data feeds from NASDAQ and BATS Exchange, Inc. over a wireless connection. To receive Third Party Data, the User would enter into a contract with the relevant third party market, which would charge the User the applicable market data fees for the Third Party Data. The Exchange would charge the User fees for the wireless connection for the Third Party Data.\9\ --------------------------------------------------------------------------- \8\ The NASDAQ Stock Market LLC (``NASDAQ'') offers a similar wireless service. See Securities Exchange Act Release No. 68735 (January 25, 2013), 78 FR 6842 (January 31, 2013) (SR-NASDAQ-2012- 119) (approving a proposed rule change to establish a new optional wireless connectivity for co-located clients). \9\ A User would only receive the Third Party Data for which it had entered into a contract. For example, a User that contracted with NASDAQ for the NASDAQ Totalview-ITCH data feed but did not contract to receive any other Third Party Data would receive only the NASDAQ Totalview-ITCH data feed through its wireless connection. --------------------------------------------------------------------------- A User would be charged a $5,000 non-recurring initial charge for each wireless connection and a monthly recurring charge (``MRC'') that would vary depending upon the feed that the User opts to receive. If a User purchased two wireless connections, it would pay two non-recurring initial charges. The MRC for a wireless connection to each of BATS Pitch BZX Gig shaped data, DirectEdge EDGX Gig shaped data, and NASDAQ BX Totalview-ITCH data will be $6,000; the MRC for a wireless connection of NASDAQ Totalview-ITCH data will be $8,500; and the MRC for a wireless connection of NASDAQ Totalview-ITCH and BX Totalview- ITCH data will be $12,000. The Exchange proposes to waive the first month's MRC, to allow Users to test the receipt of the feed(s) for a month before incurring any MRCs. The wireless connections would include the use of one port for connectivity to the Third Party Data. A User will only require one port to connect to the Third Party Data, irrespective of how many of the five wireless connections it orders. If a User that has more than one wireless connection wishes to use more than one port to connect to the Third Party Data,\10\ the Exchange proposes to make such additional ports available for a monthly fee per port of $3,000. --------------------------------------------------------------------------- \10\ For example, a User with two wireless connections for Third Party Data may opt to purchase an additional port in order to route the options and equity data it receives to different cabinets. --------------------------------------------------------------------------- The Exchange represents that there is limited bandwidth available on the wireless connection for data feeds from third parties. As a result, the Exchange has decided to offer as Third Party Data only the data feeds that are in high demand from Users. Although constrained by bandwidth with respect to the number of feeds it can carry, the Exchange represents that the wireless network offered by the Exchange can be made available to an unlimited number of Users. The wireless connection would provide Users with an alternative means of connectivity for Third Party Data. Currently, Users can receive Third Party Data through other methods, including, for example, from another User, through a telecommunications provider, or over the internet protocol (``IP'') network.\11\ In addition, Users can receive Third Party Data from wireless networks offered by third party vendors. The Exchange represents that there are currently at least four third party vendors that offer Users wireless network connections using wireless equipment installed on towers and buildings near the data center. The Exchange states that its proposed wireless connection would traverse wireless connections through a series of towers equipped with wireless equipment, including a pole on the grounds of the data center.\12\ The Exchange states that access to such pole or the roof is not required for third parties to establish wireless networks that can compete with Exchange's proposed service and, in particular, represents that based on the information available to it, the proposed wireless connection would provide data at the same or similar speed, and at the same or similar cost, as existing wireless networks, thereby enhancing competition.\13\ --------------------------------------------------------------------------- \11\ The IP network is a local area network available in the data center. See Securities Exchange Act Release No. 74222 (February 6, 2015), 80 FR 7888 (February 12, 2015) (SR-NYSE-2015-05) (notice of filing and immediate effectiveness of proposed rule change to include IP network connections). \12\ See Notice, supra note 4 at 70023. \13\ See Notice, supra note 4 at 70022-23. --------------------------------------------------------------------------- The wireless connection to the Third Party Data is expected to be available no later than March 1, 2016. The Exchange will announce the date that the wireless connection to the Third Party Data will be available through a customer notice. III. Discussion and Commission Findings After careful review, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange.\14\ In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(4) of the Act,\15\ which requires that [[Page 81611]] the rules of a national securities exchange provide for the equitable allocation of reasonable dues, fees and other charges among its members and issuers and other persons using its facilities, and with Section 6(b)(5) of the Act,\16\ which requires, among other things, that the rules of a national securities exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest, and not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. In addition, the Commission finds that the proposed rule change is consistent with Section 6(b)(8) of the Act,\17\ which requires that the rules of the exchange not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. --------------------------------------------------------------------------- \14\ In approving this proposed rule change, the Commission notes that it has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). \15\ 15 U.S.C. 78f(b)(4). \16\ 15 U.S.C. 78f(b)(5). \17\ 15 U.S.C. 78f(b)(8). --------------------------------------------------------------------------- The Commission believes that the Exchange's proposal to provide this additional connectivity option is consistent with the requirement of Section 6(b)(5) of the Act. The Commission believes that the proposal is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers because the Exchange makes wireless connectivity available to all Users on an equal basis. All Users that voluntarily select this service option will be charged the same amount for the same services, and there would be no differentiation among Users with regard to the fees charged for the service. Further, the Exchange represents that Users of the new wireless connection would not receive Third Party Data that is not available to all Users. In addition, the Exchange represents that Users that do not opt to utilize the Exchange's wireless connections would still be able to obtain Third Party Data through other methods, such as from wireless networks offered by third party vendors, other Users, through telecommunications providers, or over the IP network. The Commission also believes that the proposed rule change is consistent with Section 6(b)(4) of the Act.\18\ All Users that voluntarily select this service option will be charged the same amount for the same services, and there would be no differentiation among Users with regard to the fees charged for the service. The Commission notes the Exchange's representation that the fees associated with providing the wireless connections are reasonable because the Exchange will incur certain costs, including costs related to the data center facility, hardware and equipment and costs related to personnel required for initial installation and monitoring, support and maintenance of such services. The Exchange states that the costs associated with the wireless connections are incrementally higher than fiber optics-based solutions due to the expense of the wireless equipment, cost of installation and testing and ongoing maintenance of the network, and that fees also reflect the benefit received by Users in terms of lower latency over the fiber optics option. In addition, the Exchange believes that the proposed waiver of the first month's MRC is reasonable as it would allow Users to test the receipt of the feed(s) for a month before incurring any monthly recurring fees and may act as an incentive to Users to utilize the new service. --------------------------------------------------------------------------- \18\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- The Commission also finds that consistent with Section 6(b)(8) of the Act the proposed rule change does not impose a burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The Exchange states that Users currently can receive Third Party Data from competing wireless networks offered by third party vendors, including at least four third party vendors that offer Users wireless network connections using wireless equipment installed on towers and buildings near the data center. The Exchange represents, based on the information available to it, that the proposed wireless connection would provide data at the same or similar speed, and at the same or similar cost, as existing wireless networks, thereby enhancing competition.\19\ The Exchange also notes that the proposed wireless connection would compete not just with other wireless connections, but also with fiber optic networks, which may be more attractive to some Users as they are more reliable and less susceptible to weather conditions. For these reasons, the Commission does not believe that the proposed rule change imposes a burden on competition not necessary or appropriate in furtherance of the purposes of the Act. --------------------------------------------------------------------------- \19\ See supra notes 12 and 13 and accompanying text. --------------------------------------------------------------------------- IV. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act,\20\ that the proposed rule change (SR-NYSE-2015-52) be, and it hereby is, approved. --------------------------------------------------------------------------- \20\ 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\21\ --------------------------------------------------------------------------- \21\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2015-32817 Filed 12-29-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices 81609
which should protect investors and the The Exchange states that waiving the rules/sro.shtml). Copies of the
public interest. thirty-day delay would allow the submission, all subsequent
Exchange to eliminate the Proprietary amendments, all written statements
(B) Self-Regulatory Organization’s
Trader and Proprietary Trader Principal with respect to the proposed rule
Statement on Burden on Competition
registration categories and adopt the change that are filed with the
The Exchange does not believe that Securities Trader and Securities Trader Commission, and all written
the proposed rule change will impose Principal registration categories at the communications relating to the
any burden on competition not same time as FINRA and the other proposed rule change between the
necessary or appropriate in furtherance national securities exchanges. The Commission and any person, other than
of the purposes of the Act. Commission believes that waiving the those that may be withheld from the
Implementation of the proposed thirty day delay is consistent with the public in accordance with the
changes to the Exchange’s registration protection of investors and the public provisions of 5 U.S.C. 552, will be
rules in coordination with the FINRA interest, as it will enable BYX to have available for Web site viewing and
Amendments does not present any the new requirements in effect at the printing in the Commission’s Public
competitive issues, but rather is same time as the other SROs . Therefore, Reference Room, 100 F Street NE.,
designed to provide less burdensome the Commission hereby waives the Washington, DC 20549, on official
and more efficient regulatory thirty-day operative delay and business days between the hours of
compliance for members and enhance designates the proposal operative as of 10:00 a.m. and 3:00 p.m. Copies of such
the ability of the Exchange to fairly and January 4, 2016.12 filing will also be available for
efficiently regulate members, which will At any time within 60 days of the inspection and copying at the principal
further enhance competition. filing of the proposed rule change, the office of the Exchange. All comments
Additionally, the proposed rule change Commission summarily may received will be posted without change;
should not affect intramarket temporarily suspend such rule change if the Commission does not edit personal
competition because all similarly it appears to the Commission that such identifying information from
situated representatives and principals action is: (1) Necessary or appropriate in submissions. You should submit only
will be required to complete the same the public interest; (2) for the protection information that you wish to make
qualification examinations and maintain of investors; or (3) otherwise in available publicly. All submissions
the same registrations. furtherance of the purposes of the Act. should refer to File No. SR–BYX–2015–
(C) Self-Regulatory Organization’s If the Commission takes such action, the 52 and should be submitted on or before
Statement on Comments on the Commission shall institute proceedings January 20, 2016.
Proposed Rule Change Received From to determine whether the proposed rule For the Commission, by the Division of
Members, Participants or Others should be approved or disapproved. Trading and Markets, pursuant to delegated
IV. Solicitation of Comments authority.13
The Exchange has neither solicited
nor received written comments on the Brent J. Fields,
Interested persons are invited to Secretary.
proposed rule change. submit written data, views and
[FR Doc. 2015–32814 Filed 12–29–15; 8:45 am]
III. Date of Effectiveness of the arguments concerning the foregoing,
BILLING CODE 8011–01–P
Proposed Rule Change and Timing for including whether the proposal is
Commission Action consistent with the Act. Comments may
be submitted by any of the following
Because the foregoing proposed rule SECURITIES AND EXCHANGE
methods:
change does not: (A) Significantly affect COMMISSION
the protection of investors or the public Electronic Comments
interest; (B) impose any significant • Use the Commission’s Internet [Release No. 34–76748; File No. SR–NYSE–
burden on competition; and (C) by its comment form (http://www.sec.gov/ 2015–52]
terms, become operative for 30 days rules/sro.shtml); or
from the date on which it was filed or • Send an email to rule-comments@ Self-Regulatory Organizations; New
such shorter time as the Commission sec.gov. Please include File No. SR– York Stock Exchange LLC; Order
may designate it has become effective BYX–2015–52 on the subject line. Approving Proposed Rule Change to
pursuant to Section 19(b)(3)(A) of the the Co-Location Services Offered by
Act 10 and paragraph (f)(6) of Rule 19b– Paper Comments the Exchange (the Offering of a
4 thereunder,11 the Exchange has • Send paper comments in triplicate Wireless Connection To Allow Users
designated this rule filing as non- to Secretary, Securities and Exchange To Receive Market Data Feeds From
controversial. The Exchange has given Commission, 100 F Street NE., Third Party Markets) and To Reflect
the Commission written notice of its Washington, DC 20549–1090. Changes to the Exchange’s Price List
intent to file the proposed rule change, Related to These Services
All submissions should refer to File No.
along with a brief description and text
SR–BYX–2015–52. This file number December 23, 2015.
of the proposed rule change at least five
should be included on the subject line
business days prior to the date of filing I. Introduction
if email is used. To help the
of the proposed rule change, or such
Commission process and review your On October 23, 2015, New York Stock
shorter time as designated by the
comments more efficiently, please use
mstockstill on DSK4VPTVN1PROD with NOTICES
Commission. Exchange LLC (‘‘NYSE’’ or the
only one method. The Commission will ‘‘Exchange’’) filed with the Securities
The Exchange has requested that the
post all comments on the Commission’s and Exchange Commission (the
Commission waive the thirty-day
Internet Web site (http://www.sec.gov/ ‘‘Commission’’) pursuant to Section
operative delay so that the proposal may
become operative as of January 4, 2016. 12 For purposes of waiving the 30-day operative
19(b)(1) 1 of the Securities Exchange Act
delay, the Commission has considered the proposed
10 15 U.S.C. 78s(b)(3)(A). 13 17 CFR 200.30–3(a)(12).
rule’s impact on efficiency, competition, and capital
11 17 CFR 240.19b–4. formation. See 15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1).
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![Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices 81611
the rules of a national securities connections are reasonable because the For the Commission, by the Division of
exchange provide for the equitable Exchange will incur certain costs, Trading and Markets, pursuant to delegated
allocation of reasonable dues, fees and including costs related to the data center authority.21
other charges among its members and facility, hardware and equipment and Brent J. Fields,
issuers and other persons using its costs related to personnel required for Secretary.
facilities, and with Section 6(b)(5) of the initial installation and monitoring, [FR Doc. 2015–32817 Filed 12–29–15; 8:45 am]
Act,16 which requires, among other support and maintenance of such BILLING CODE 8011–01–P
things, that the rules of a national services. The Exchange states that the
securities exchange be designed to costs associated with the wireless
promote just and equitable principles of connections are incrementally higher SECURITIES AND EXCHANGE
trade, to remove impediments to and than fiber optics-based solutions due to COMMISSION
perfect the mechanism of a free and the expense of the wireless equipment, [Release No. IC–31949]
open market and a national market cost of installation and testing and
system and, in general, to protect ongoing maintenance of the network, Notice of Applications for
investors and the public interest, and and that fees also reflect the benefit Deregistration Under Section 8(f) of the
not be designed to permit unfair received by Users in terms of lower Investment Company Act of 1940
discrimination between customers, latency over the fiber optics option. In
issuers, brokers, or dealers. In addition, December 23, 2015.
addition, the Exchange believes that the
the Commission finds that the proposed proposed waiver of the first month’s The following is a notice of
rule change is consistent with Section MRC is reasonable as it would allow applications for deregistration under
6(b)(8) of the Act,17 which requires that Users to test the receipt of the feed(s) for section 8(f) of the Investment Company
the rules of the exchange not impose a month before incurring any monthly Act of 1940 for the month of December
any burden on competition not recurring fees and may act as an 2015. A copy of each application may be
necessary or appropriate in furtherance incentive to Users to utilize the new obtained via the Commission’s Web site
of the purposes of the Act. by searching for the file number, or for
service.
The Commission believes that the an applicant using the Company name
Exchange’s proposal to provide this The Commission also finds that box, at http://www.sec.gov/search/
additional connectivity option is consistent with Section 6(b)(8) of the search.htm or by calling (202) 551–
consistent with the requirement of Act the proposed rule change does not 8090. An order granting each
Section 6(b)(5) of the Act. The impose a burden on competition not application will be issued unless the
Commission believes that the proposal necessary or appropriate in furtherance SEC orders a hearing. Interested persons
is not designed to permit unfair of the purposes of the Act. The may request a hearing on any
discrimination between customers, Exchange states that Users currently can application by writing to the SEC’s
issuers, brokers, or dealers because the receive Third Party Data from Secretary at the address below and
Exchange makes wireless connectivity competing wireless networks offered by serving the relevant applicant with a
available to all Users on an equal basis. third party vendors, including at least copy of the request, personally or by
All Users that voluntarily select this four third party vendors that offer Users mail. Hearing requests should be
service option will be charged the same wireless network connections using received by the SEC by 5:30 p.m. on
amount for the same services, and there wireless equipment installed on towers January 19, 2016, and should be
would be no differentiation among and buildings near the data center. The accompanied by proof of service on
Users with regard to the fees charged for Exchange represents, based on the applicants, in the form of an affidavit or,
the service. Further, the Exchange information available to it, that the for lawyers, a certificate of service.
represents that Users of the new proposed wireless connection would Pursuant to Rule 0–5 under the Act,
wireless connection would not receive provide data at the same or similar hearing requests should state the nature
Third Party Data that is not available to speed, and at the same or similar cost, of the writer’s interest, any facts bearing
all Users. In addition, the Exchange as existing wireless networks, thereby upon the desirability of a hearing on the
represents that Users that do not opt to enhancing competition.19 The Exchange matter, the reason for the request, and
utilize the Exchange’s wireless also notes that the proposed wireless the issues contested. Persons who wish
connections would still be able to obtain connection would compete not just with to be notified of a hearing may request
Third Party Data through other methods, other wireless connections, but also notification by writing to the
such as from wireless networks offered with fiber optic networks, which may be Commission’s Secretary.
by third party vendors, other Users, more attractive to some Users as they ADDRESSES: The Commission: Secretary,
through telecommunications providers, are more reliable and less susceptible to U.S. Securities and Exchange
or over the IP network. weather conditions. For these reasons, Commission, 100 F Street NE.,
The Commission also believes that the the Commission does not believe that Washington, DC 20549–1090.
proposed rule change is consistent with the proposed rule change imposes a FOR FURTHER INFORMATION CONTACT: Hae-
Section 6(b)(4) of the Act.18 All Users burden on competition not necessary or Sung Lee, Attorney-Adviser, at (202)
that voluntarily select this service appropriate in furtherance of the 551–7345 or Chief Counsel’s Office at
option will be charged the same amount purposes of the Act. (202) 551–6821; SEC, Division of
for the same services, and there would IV. Conclusion Investment Management, Chief
be no differentiation among Users with Counsel’s Office, 100 F Street NE.,
mstockstill on DSK4VPTVN1PROD with NOTICES
regard to the fees charged for the It is therefore ordered, pursuant to Washington, DC 20549–8010.
service. The Commission notes the Section 19(b)(2) of the Act,20 that the
College and University Facility Loan
Exchange’s representation that the fees proposed rule change (SR–NYSE–2015–
Trust One [File No. 811–05291]
associated with providing the wireless 52) be, and it hereby is, approved.
Summary: Applicant, a closed-end
16 15 U.S.C. 78f(b)(5). 19 See supra notes 12 and 13 and accompanying investment company, seeks an order
17 15 U.S.C. 78f(b)(8). text.
18 15 U.S.C. 78f(b)(4). 20 15 U.S.C. 78s(b)(2). 21 17 CFR 200.30–3(a)(12).
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Document Created: 2015-12-30 03:16:28
Document Modified: 2015-12-30 03:16:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 81609 |
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