81 FR 54896 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Logical Port Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 159 (August 17, 2016)

Page Range		54896-54897
FR Document		2016-19573
Federal Register, Volume 81 Issue 159 (Wednesday, August 17, 2016)
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Notices]
[Pages 54896-54897]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19573]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78542; File No. SR-BatsBYX-2016-20]


Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Related to 
Logical Port Fees

August 11, 2016.
    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 July 29, 2016, Bats BYX Exchange, Inc. (the ``Exchange'' or 
``BYX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable 
to Members \5\ and non-Members of the Exchange pursuant to BYX Rules 
15.1(a) and (c).
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    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer that has been admitted to membership in the Exchange.'' See 
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant parts of such 
statements.

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

1. Purpose
    The Exchange proposes to amend its fee schedule to modify the 
billing policy for the logical port fees. The Exchange currently 
charges for logical ports (including Multicast PITCH Spin Server and 
GRP ports) $500 per port per month. A logical port represents a port 
established by the Exchange within the Exchange's system for trading 
and billing purposes. Each logical port established is specific to a 
Member or non-Member and grants that Member or non-Member the ability 
to operate a specific application, such as FIX order entry or PITCH 
data receipt. The Exchange's Multicast PITCH data feed is available 
from two primary feeds, identified as the ``A feed'' and the ``C 
feed'', which contain the same information but differ only in the way 
such feeds are received. The Exchange also offers two redundant feeds, 
identified as the ``B feed'' and the ``D feed''. Logical port fees are 
limited to logical ports in the Exchange's primary data center and no 
logical port fees are assessed for redundant secondary data center 
ports. The Exchange assesses the monthly per logical port fees to all 
Member's and non-Member's logical ports.
    The Exchange proposes to clarify within its fee schedule how 
monthly fees for logical ports may be pro-rated. As proposed, new 
requests will be pro-rated for the first month of service. Cancellation 
requests are billed in full month increments as firms are required to 
pay for the service for the remainder of the month, unless the session 
is terminated within the first month of service.
Implementation Date
    The Exchange proposes to implement these amendments to its fee 
schedule on August 1, 2016.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of section 6 of the Act.\6\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with section 6(b)(4) of the Act,\7\ in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among members and other persons using any facility or system which the 
Exchange operates or controls. The proposed rule change seeks to 
provide clarity to subscribers regarding the Exchange's pro-rata 
billing policy for logical ports by describing how logical port fees 
may be pro-rated for a new request and upon cancellation. The Exchange 
believes that the proposed pro-rata billing of fees for logical ports 
is reasonable in that it is similar to how port fees are pro-rated by

[[Page 54897]]

the Nasdaq Stock Market LLC (``Nasdaq'').\8\
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ See Nasdaq Price List--Trade Connectivity available at 
http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2#connectivity. The Exchange notes 
that, unlike as proposed by the Exchange, Nasdaq does not pro-rate 
where the session is terminated within the first month of service.
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    The Exchange operates in a highly competitive market in which 
exchanges offer connectivity services as a means to facilitate the 
trading activities of Members and other participants. Accordingly, fees 
charged for connectivity are constrained by the active competition for 
the order flow of such participants as well as demand for market data 
from the Exchange. If a particular exchange charges excessive fees for 
connectivity, affected Members will opt to terminate their connectivity 
arrangements with that exchange, and adopt a possible range of 
alternative strategies, including routing to the applicable exchange 
through another participant or market center or taking that exchange's 
data indirectly. Accordingly, an exchange charging excessive fees would 
stand to lose not only connectivity revenues, but also revenues 
associated with the execution of orders routed to it by affected 
members, and, to the extent applicable, market data revenues. The 
Exchange believes that this competitive dynamic imposes powerful 
restraints on the ability of any exchange to charge unreasonable fees 
for connectivity.

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

    The Exchange believes its proposed amendment to its fee schedule 
would not impose any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act in that it is 
simply designed to set forth the Exchange's pro-rata billing for 
logical ports and is similar to that currently offered by one of the 
Exchange's competitors.\9\ Members may opt to disfavor the Exchange's 
pricing if they believe that alternatives offer them better value. 
Accordingly, the Exchange does not believe that the proposed change 
will impair the ability of Members or competing venues to maintain 
their competitive standing in the financial markets.
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    \9\ Id.
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    The Exchange believes that fees for connectivity are constrained by 
the robust competition for order flow among exchanges and non-exchange 
markets. Further, excessive fees for connectivity, including logical 
port fees, would serve to impair an exchange's ability to compete for 
order flow rather than burdening competition. The Exchange also does 
not believe the proposed rule change would impact intramarket 
competition as it would apply to all Members and non-Members equally.

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 written comments from members or other interested parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to section 
19(b)(3)(A) of the Act \10\ and paragraph (f) of Rule 19b-4 
thereunder.\11\ At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BatsBYX-2016-20 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBYX-2016-20. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing 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-BatsBYX-2016-20, and should 
be submitted on or before September 7, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19573 Filed 8-16-16; 8:45 am]
 BILLING CODE 8011-01-P
Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Notices 54897

the Nasdaq Stock Market LLC burdening competition. The Exchange amendments, all written statements
(‘‘Nasdaq’’).8 also does not believe the proposed rule with respect to the proposed rule
The Exchange operates in a highly change would impact intramarket change that are filed with the
competitive market in which exchanges competition as it would apply to all Commission, and all written
offer connectivity services as a means to Members and non-Members equally. communications relating to the
facilitate the trading activities of proposed rule change between the
Members and other participants. C. Self-Regulatory Organization’s Commission and any person, other than
Accordingly, fees charged for Statement on Comments on the those that may be withheld from the
connectivity are constrained by the Proposed Rule Change Received From public in accordance with the
active competition for the order flow of Members, Participants, or Others provisions of 5 U.S.C. 552, will be
such participants as well as demand for The Exchange has not solicited, and available for Web site viewing and
market data from the Exchange. If a does not intend to solicit, comments on printing in the Commission’s Public
particular exchange charges excessive this proposed rule change. The Reference Room, 100 F Street NE.,
fees for connectivity, affected Members Exchange has not received any written Washington, DC 20549, on official
will opt to terminate their connectivity comments from members or other business days between the hours of
arrangements with that exchange, and interested parties. 10:00 a.m. and 3:00 p.m. Copies of the
adopt a possible range of alternative filing also will be available for
III. Date of Effectiveness of the
strategies, including routing to the inspection and copying at the principal
Proposed Rule Change and Timing for
applicable exchange through another office of the Exchange. All comments
Commission Action
participant or market center or taking received will be posted without change;
that exchange’s data indirectly. The foregoing rule change has become the Commission does not edit personal
Accordingly, an exchange charging effective pursuant to section 19(b)(3)(A) identifying information from
excessive fees would stand to lose not of the Act 10 and paragraph (f) of Rule submissions. You should submit only
only connectivity revenues, but also 19b–4 thereunder.11 At any time within information that you wish to make
revenues associated with the execution 60 days of the filing of the proposed rule available publicly. All submissions
of orders routed to it by affected change, the Commission summarily may should refer to File Number SR–
members, and, to the extent applicable, temporarily suspend such rule change if BatsBYX–2016–20, and should be
market data revenues. The Exchange it appears to the Commission that such submitted on or before September 7,
believes that this competitive dynamic action is necessary or appropriate in the 2016.
imposes powerful restraints on the public interest, for the protection of For the Commission, by the Division of
ability of any exchange to charge investors, or otherwise in furtherance of Trading and Markets, pursuant to delegated
unreasonable fees for connectivity. the purposes of the Act. authority.12
B. Self-Regulatory Organization’s IV. Solicitation of Comments
Robert W. Errett,
Statement on Burden on Competition Interested persons are invited to Deputy Secretary.
The Exchange believes its proposed submit written data, views, and [FR Doc. 2016–19573 Filed 8–16–16; 8:45 am]
amendment to its fee schedule would arguments concerning the foregoing,
BILLING CODE 8011–01–P
not impose any burden on competition including whether the proposed rule
that is not necessary or appropriate in change is consistent with the Act.
furtherance of the purposes of the Act Comments may be submitted by any of SECURITIES AND EXCHANGE
in that it is simply designed to set forth the following methods: COMMISSION
the Exchange’s pro-rata billing for Electronic Comments
logical ports and is similar to that [Release No. 34–78555; File No. SR–IEX–
currently offered by one of the • Use the Commission’s Internet 2016–12]
Exchange’s competitors.9 Members may comment form (http://www.sec.gov/
rules/sro.shtml); or Self-Regulatory Organizations:
opt to disfavor the Exchange’s pricing if Investors Exchange LLC; Notice of
they believe that alternatives offer them • Send an email to rule-comments@
sec.gov. Please include File Number SR– Filing and Immediate Effectiveness of
better value. Accordingly, the Exchange Proposed Rule Change To Conform to
does not believe that the proposed BatsBYX–2016–20 on the subject line.
Rules of the Financial Industry
change will impair the ability of Paper Comments Regulatory Authority
Members or competing venues to
maintain their competitive standing in • Send paper comments in triplicate August 11, 2016.
the financial markets. to Secretary, Securities and Exchange Pursuant to Section 19(b)(1) 1 of the
The Exchange believes that fees for Commission, 100 F Street NE., Securities Exchange Act of 1934 (the
connectivity are constrained by the Washington, DC 20549–1090. ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
robust competition for order flow among All submissions should refer to File notice is hereby given that, on August
exchanges and non-exchange markets. Number SR–BatsBYX–2016–20. This 9, 2016, the Investors Exchange LLC
Further, excessive fees for connectivity, file number should be included on the (‘‘IEX’’ or the ‘‘Exchange’’) filed with the
including logical port fees, would serve subject line if email is used. To help the Securities and Exchange Commission
to impair an exchange’s ability to Commission process and review your (the ‘‘Commission’’) the proposed rule
compete for order flow rather than comments more efficiently, please use change as described in Items I and II
mstockstill on DSK3G9T082PROD with NOTICES

only one method. The Commission will below, which Items have been prepared
8 See Nasdaq Price List—Trade Connectivity post all comments on the Commission’s by the self-regulatory organization. The
available at http://www.nasdaqtrader.com/ Internet Web site (http://www.sec.gov/ Commission is publishing this notice to
Trader.aspx?id=PriceListTrading2#connectivity. rules/sro.shtml). Copies of the
The Exchange notes that, unlike as proposed by the
Exchange, Nasdaq does not pro-rate where the submission, all subsequent 12 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
session is terminated within the first month of
service. 10 15 U.S.C. 78s(b)(3)(A). 2 15 U.S.C. 78a.
9 Id. 11 17 CFR 240.19b–4(f). 3 17 CFR 240.19b–4.

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Document Created: 2018-02-09 11:35:27
Document Modified: 2018-02-09 11:35:27
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		81 FR 54896