83_FR_40257 83 FR 40101 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the MIAX PEARL Fee Schedule

83 FR 40101 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the MIAX PEARL Fee Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 156 (August 13, 2018)

Page Range40101-40103
FR Document2018-17251

Federal Register, Volume 83 Issue 156 (Monday, August 13, 2018)
[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Notices]
[Pages 40101-40103]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17251]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83785; File No. SR-PEARL-2018-16]


Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Amend the MIAX 
PEARL Fee Schedule

August 7, 2018.
    Pursuant to the provisions of Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice 
is hereby given that on July 31, 2018, MIAX PEARL, LLC (``MIAX PEARL'' 
or ``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') a proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. 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

    The Exchange is filing a proposal to amend the MIAX PEARL Fee 
Schedule (the ``Fee Schedule'') to modify certain of the Exchange's 
system connectivity fees.
    The text of the proposed rule change is available on the Exchange's 
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX 
PEARL's principal office, 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 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 proposes to amend the Fee Schedule regarding 
connectivity to the Exchange. Specifically, the Exchange proposes to 
amend Sections 5(a) and (b) of the Fee Schedule to increase the network 
connectivity fees for the 1 Gigabit (``Gb'') fiber connection, the 10Gb 
fiber connection, and the 10Gb ultra-low latency (``ULL'') fiber 
connection, which are charged to both Members \3\ and non-Members of 
the Exchange for connectivity to the Exchange's primary/secondary 
facility. The Exchange also proposes to increase the network 
connectivity fees for the 1Gb and 10Gb fiber connections for 
connectivity to the Exchange's disaster recovery facility.
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    \3\ The term ``Member'' means an individual or organization that 
is registered with the Exchange pursuant to Chapter II of the 
Exchange's Rules for purposes of trading on the Exchange as an 
``Electronic Exchange Member'' or ``Market Maker.'' Members are 
deemed ``members'' under the Exchange Act. See Exchange Rule 100.

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[[Page 40102]]

    The Exchange currently offers various bandwidth alternatives for 
connectivity to the Exchange, consisting of a 1Gb fiber connection, a 
10Gb fiber connection, and a 10Gb ULL fiber connection. The 10Gb ULL 
offering uses an ultra-low latency switch, which provides faster 
processing of messages sent to it in comparison to the switch used for 
the other types of connectivity. The Exchange currently assesses the 
following monthly network connectivity fees to both Members and non-
Members for connectivity to the Exchange's primary/secondary facility: 
(a) $1,100 for the 1Gb connection; (b) $5,500 for the 10Gb connection; 
and (c) $8,500.00 for the 10Gb ULL connection. The Exchange also 
assesses to both Members and non-Members a monthly per connection 
network connectivity fee of $500 for each 1Gb connection to the 
disaster recovery facility and a monthly per connection network 
connectivity fee of $2,500 for each 10Gb connection to the disaster 
recovery facility.
    The Exchange's MIAX Express Network Interconnect (``MENI'') can be 
configured to provide Members and non-Members of the Exchange network 
connectivity to the trading platforms, market data systems, test 
systems, and disaster recovery facilities of both the Exchange and its 
affiliate, Miami International Securities Exchange (``MIAX Options''), 
via a single, shared connection. Members and non-Members utilizing the 
MENI to connect to the trading platforms, market data systems, test 
systems and disaster recovery facilities of the Exchange and MIAX 
Options via a single, shared connection are assessed only one monthly 
network connectivity fee per connection, regardless of the trading 
platforms, market data systems, test systems, and disaster recovery 
facilities accessed via such connection.
    The Exchange proposes to increase the monthly network connectivity 
fees for such connections for both Members and non-Members. The network 
connectivity fees for connectivity to the Exchange's primary/secondary 
facility will be increased as follows: (a) From $1,100 to $1,400 for 
the 1Gb connection; (b) From $5,500 to $6,100 for the 10Gb connection; 
and (c) from $8,500 to $9,300 for the 10Gb ULL connection. The network 
connectivity fees for connectivity to the Exchange's disaster recovery 
facility will be increased as follows: (a) From $500 to $550 for the 
1Gb connection; and (b) from $2,500 to $2,750 for the 10Gb connection.
    The Exchange believes that the increase in the pricing of the 
Exchange's connectivity is reflective of the continued value that it 
provides and the increasing costs to the Exchange for providing and 
maintaining the necessary hardware and other infrastructure to support 
this technology. The Exchange notes that other exchanges have similar 
connectivity alternatives for their participants, including similar 
low-latency connectivity. For example, Nasdaq PHLX LLC (``Phlx''), NYSE 
Arca, Inc. (``Arca''), NYSE American LLC (``NYSE American'') and Nasdaq 
ISE, LLC (``ISE'') all offer a 1Gb, 10Gb and 10Gb low latency ethernet 
connectivity alternatives to each of their participants.\4\ The 
Exchange further notes that Phlx, ISE, Arca and NYSE American each 
charge higher rates for such similar connectivity to primary and 
secondary facilities.\5\ Additionally, the Exchange's proposed 
connectivity fees to its disaster recovery facility are within the 
range of the fees charged by other exchanges for similar connectivity 
alternatives.\6\ The Exchange believes that it is appropriate to 
increase its fees charged for use of its connectivity to offset 
increasing costs associated with providing and maintaining the 
necessary hardware and other infrastructure to support this technology 
and also to more closely align its fees with the rates charged by 
competing options exchanges.
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    \4\ See Phlx and ISE Rules, General Equity and Options Rules, 
General 8, Section 1(b). Phlx and ISE each charge a monthly fee of 
$2,500 for each 1Gb connection, $10,000 for each 10Gb connection and 
$15,000 for each 10Gb Ultra connection, which the equivalent of the 
Exchange's 10Gb ULL connection. See also NYSE American Fee Schedule, 
Section V.B, and Arca Fees and Charges, Co-Location Fees. NYSE 
American and Arca each charge a monthly fee of $5,000 for each 1Gb 
circuit, $14,000 for each 10Gb circuit and $22,000 for each 10Gb LX 
circuit, which the equivalent of the Exchange's 10Gb ULL connection.
    \5\ Id.
    \6\ See Nasdaq ISE Schedule of Fees, IX(D) (charging $3,000 for 
disaster recovery testing & relocation services); see also Cboe 
Exchange, Inc. (``CBOE'') Fees Schedule, p. 14, Cboe Command 
Connectivity Charges (charging a monthly fee of $2,000 for a 1Gb 
disaster recovery network access port and a monthly fee of $6,000 
for a 10Gb disaster recovery network access port).
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    The Exchange proposes to implement the proposed changes to the Fee 
Schedule effective as of August 1, 2018.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule 
is consistent with Section 6(b) of the Act \7\ in general, and furthers 
the objectives of Section 6(b)(4) of the Act \8\ in particular, in that 
it provides for the equitable allocation of reasonable dues, fees and 
other charges among Exchange members and issuers and other persons 
using its facilities. The Exchange also believes the proposal furthers 
the objectives of Section 6(b)(5) of the Act \9\ in that it is 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 is not designed to permit unfair discrimination 
between customer, issuers, brokers and dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that its proposal is consistent with Section 
6(b)(4) of the Act because the fees assessed for connectivity allow the 
Exchange to cover the costs associated with providing and maintaining 
the necessary hardware and other infrastructure to support this 
technology. The Exchange believes that the proposal to increase the 
fees for connectivity alternatives is fair, equitable and not 
unreasonably discriminatory because the increased fees are assessed 
equally among all users of the applicable connections.
    As discussed above, Phlx and ISE each offer different connections 
with respect to latency, and Arca and NYSE American both offer similar 
connectivity alternatives.\10\ Despite this, Phlx, ISE, Arca and NYSE 
American charge a higher fee than the Exchange currently charges for 
similar connections to primary and secondary facilities.\11\ 
Furthermore, the connectivity fees for the disaster recovery facilities 
of other exchanges are within the range of the proposed fees of the 
Exchange.\12\ For these reasons, the Exchange believes the proposed 
increase in the fees for the fiber connectivity to the Exchange is 
reasonable and not unfairly discriminatory.
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    \10\ See supra note 4.
    \11\ Id.
    \12\ See supra note 6.
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    The Exchange also believes that its proposal is consistent with 
Section 6(b)(5) of the Act \13\ because all MIAX PEARL participants 
have the opportunity to subscribe to the Exchange's connections. There 
is also no differentiation among MIAX PEARL participants with regard to 
the fees charged for these services.
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    \13\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    MIAX PEARL does not believe that the proposed rule changes will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. On the

[[Page 40103]]

contrary, the Exchange believes that the proposed changes should 
increase both intermarket and intramarket competition. Specifically, 
the Exchange believes that the changes will promote competition by 
increasing the connectivity fees to become more within the range of 
comparable fees assessed by other competing exchanges.\14\
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    \14\ See supra note 4.
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    The Exchange notes that it operates in a highly competitive market 
in which market participants can readily favor competing venues if they 
deem fee levels at a particular venue to be excessive. In such an 
environment, the Exchange must continually adjust its fees to remain 
competitive with other exchanges. The Exchange believes that the 
proposed changes reflect this competitive environment. To the extent 
that this purpose is achieved, all the Exchange's market participants 
should benefit from the improved market liquidity.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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,\15\ and Rule 19b-4(f)(2) \16\ thereunder. 
At any time within 60 days of the filing of the proposed rule change, 
the Commission summarily may temporarily suspend such rule change if it 
appears to the Commission that such action is necessary or appropriate 
in the public interest, for the protection of investors, or otherwise 
in furtherance of the purposes of the Act. If the Commission takes such 
action, the Commission shall institute proceedings to determine whether 
the proposed rule should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 17 CFR 240.19b-4(f)(2).
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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 rule-comments@sec.gov. Please include 
File Number SR-PEARL-2018-16 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-PEARL-2018-16. 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 website (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 website 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. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-PEARL-2018-16 and should be submitted on 
or before September 4, 2018.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-17251 Filed 8-10-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Notices                                                40101

                                                not create an unnecessary or                               post all comments on the Commission’s                 have been prepared by the Exchange.
                                                inappropriate inter-market burden on                       internet website (http://www.sec.gov/                 The Commission is publishing this
                                                competition because it is a regulatory                     rules/sro.shtml). Copies of the                       notice to solicit comments on the
                                                fee that supports regulation in                            submission, all subsequent                            proposed rule change from interested
                                                furtherance of the purposes of the Act.                    amendments, all written statements                    persons.
                                                The Exchange is obligated to ensure that                   with respect to the proposed rule
                                                                                                           change that are filed with the                        I. Self-Regulatory Organization’s
                                                the amount of regulatory revenue
                                                                                                           Commission, and all written                           Statement of the Terms of Substance of
                                                collected from the ORF, in combination
                                                                                                           communications relating to the                        the Proposed Rule Change
                                                with its other regulatory fees and fines,
                                                does not exceed regulatory costs.                          proposed rule change between the                         The Exchange is filing a proposal to
                                                                                                           Commission and any person, other than                 amend the MIAX PEARL Fee Schedule
                                                C. Self-Regulatory Organization’s                          those that may be withheld from the                   (the ‘‘Fee Schedule’’) to modify certain
                                                Statement on Comments on the                               public in accordance with the                         of the Exchange’s system connectivity
                                                Proposed Rule Change Received From                         provisions of 5 U.S.C. 552, will be                   fees.
                                                Members, Participants, or Others                           available for website viewing and                        The text of the proposed rule change
                                                  No written comments were either                          printing in the Commission’s Public                   is available on the Exchange’s website at
                                                solicited or received.                                     Reference Room, 100 F Street NE,                      http://www.miaxoptions.com/rule-
                                                                                                           Washington, DC 20549, on official                     filings/pearl at MIAX PEARL’s principal
                                                III. Date of Effectiveness of the
                                                                                                           business days between the hours of                    office, and at the Commission’s Public
                                                Proposed Rule Change and Timing for
                                                                                                           10:00 a.m. and 3:00 p.m. Copies of the                Reference Room.
                                                Commission Action
                                                                                                           filing also will be available for
                                                   The foregoing rule change has become                    inspection and copying at the principal               II. Self-Regulatory Organization’s
                                                effective pursuant to Section                              office of the Exchange. All comments                  Statement of the Purpose of, and
                                                19(b)(3)(A)(ii) of the Act.9                               received will be posted without change.               Statutory Basis for, the Proposed Rule
                                                   At any time within 60 days of the                       Persons submitting comments are                       Change
                                                filing of the proposed rule change, the                    cautioned that we do not redact or edit                 In its filing with the Commission, the
                                                Commission summarily may                                   personal identifying information from                 Exchange included statements
                                                temporarily suspend such rule change if                    comment submissions. You should                       concerning the purpose of and basis for
                                                it appears to the Commission that such                     submit only information that you wish                 the proposed rule change and discussed
                                                action is: (i) Necessary or appropriate in                 to make available publicly. All                       any comments it received on the
                                                the public interest; (ii) for the protection               submissions should refer to File No.                  proposed rule change. The text of these
                                                of investors; or (iii) otherwise in                        SR–NASDAQ–2018–062, and should be                     statements may be examined at the
                                                furtherance of the purposes of the Act.                    submitted on or before September 4,                   places specified in Item IV below. The
                                                If the Commission takes such action, the                   2018.                                                 Exchange has prepared summaries, set
                                                Commission shall institute proceedings                       For the Commission, by the Division of              forth in sections A, B, and C below, of
                                                to determine whether the proposed rule                     Trading and Markets, pursuant to delegated            the most significant aspects of such
                                                should be approved or disapproved.                         authority.10                                          statements.
                                                IV. Solicitation of Comments                               Eduardo A. Aleman,
                                                                                                                                                                 A. Self-Regulatory Organization’s
                                                                                                           Assistant Secretary.
                                                  Interested persons are invited to                                                                              Statement of the Purpose of, and
                                                                                                           [FR Doc. 2018–17258 Filed 8–10–18; 8:45 am]
                                                submit written data, views, and                                                                                  Statutory Basis for, the Proposed Rule
                                                                                                           BILLING CODE 8011–01–P
                                                arguments concerning the foregoing,                                                                              Change
                                                including whether the proposed rule                                                                              1. Purpose
                                                change is consistent with the Act.                         SECURITIES AND EXCHANGE
                                                Comments may be submitted by any of                                                                                 The Exchange proposes to amend the
                                                                                                           COMMISSION                                            Fee Schedule regarding connectivity to
                                                the following methods:
                                                                                                           [Release No. 34–83785; File No. SR–                   the Exchange. Specifically, the
                                                Electronic Comments                                        PEARL–2018–16]                                        Exchange proposes to amend Sections
                                                  • Use the Commission’s internet                                                                                5(a) and (b) of the Fee Schedule to
                                                comment form (http://www.sec.gov/                          Self-Regulatory Organizations; MIAX                   increase the network connectivity fees
                                                rules/sro.shtml); or                                       PEARL, LLC; Notice of Filing and                      for the 1 Gigabit (‘‘Gb’’) fiber
                                                  • Send an email to rule-comments@                        Immediate Effectiveness of a Proposed                 connection, the 10Gb fiber connection,
                                                sec.gov. Please include File No. SR–                       Rule Change To Amend the MIAX                         and the 10Gb ultra-low latency (‘‘ULL’’)
                                                NASDAQ–2018–062 on the subject line.                       PEARL Fee Schedule                                    fiber connection, which are charged to
                                                                                                           August 7, 2018.                                       both Members 3 and non-Members of the
                                                Paper Comments
                                                                                                              Pursuant to the provisions of Section              Exchange for connectivity to the
                                                  • Send paper comments in triplicate                      19(b)(1) of the Securities Exchange Act               Exchange’s primary/secondary facility.
                                                to Secretary, Securities and Exchange                      of 1934 (‘‘Act’’) 1 and Rule 19b–4                    The Exchange also proposes to increase
                                                Commission, 100 F Street NE,                               thereunder,2 notice is hereby given that              the network connectivity fees for the
                                                Washington, DC 20549–1090.                                 on July 31, 2018, MIAX PEARL, LLC                     1Gb and 10Gb fiber connections for
                                                All submissions should refer to File No.                   (‘‘MIAX PEARL’’ or ‘‘Exchange’’) filed                connectivity to the Exchange’s disaster
sradovich on DSK3GMQ082PROD with NOTICES




                                                SR–NASDAQ–2018–062. This file                              with the Securities and Exchange                      recovery facility.
                                                number should be included on the                           Commission (‘‘Commission’’) a
                                                subject line if email is used. To help the                 proposed rule change as described in                     3 The term ‘‘Member’’ means an individual or

                                                Commission process and review your                         Items I, II, and III below, which Items               organization that is registered with the Exchange
                                                comments more efficiently, please use                                                                            pursuant to Chapter II of the Exchange’s Rules for
                                                                                                                                                                 purposes of trading on the Exchange as an
                                                only one method. The Commission will                         10 17 CFR 200.30–3(a)(12).                          ‘‘Electronic Exchange Member’’ or ‘‘Market Maker.’’
                                                                                                             1 15 U.S.C. 78s(b)(1).                              Members are deemed ‘‘members’’ under the
                                                  9 15   U.S.C. 78s(b)(3)(A)(ii).                            2 17 CFR 240.19b–4.                                 Exchange Act. See Exchange Rule 100.



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                                                40102                        Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Notices

                                                   The Exchange currently offers various                increasing costs to the Exchange for                   facilities. The Exchange also believes
                                                bandwidth alternatives for connectivity                 providing and maintaining the                          the proposal furthers the objectives of
                                                to the Exchange, consisting of a 1Gb                    necessary hardware and other                           Section 6(b)(5) of the Act 9 in that it is
                                                fiber connection, a 10Gb fiber                          infrastructure to support this                         designed to promote just and equitable
                                                connection, and a 10Gb ULL fiber                        technology. The Exchange notes that                    principles of trade, to remove
                                                connection. The 10Gb ULL offering uses                  other exchanges have similar                           impediments to and perfect the
                                                an ultra-low latency switch, which                      connectivity alternatives for their                    mechanism of a free and open market
                                                provides faster processing of messages                  participants, including similar low-                   and a national market system, and, in
                                                sent to it in comparison to the switch                  latency connectivity. For example,                     general to protect investors and the
                                                used for the other types of connectivity.               Nasdaq PHLX LLC (‘‘Phlx’’), NYSE                       public interest and is not designed to
                                                The Exchange currently assesses the                     Arca, Inc. (‘‘Arca’’), NYSE American                   permit unfair discrimination between
                                                following monthly network connectivity                  LLC (‘‘NYSE American’’) and Nasdaq                     customer, issuers, brokers and dealers.
                                                fees to both Members and non-Members                    ISE, LLC (‘‘ISE’’) all offer a 1Gb, 10Gb                 The Exchange believes that its
                                                for connectivity to the Exchange’s                      and 10Gb low latency ethernet                          proposal is consistent with Section
                                                primary/secondary facility: (a) $1,100                  connectivity alternatives to each of their             6(b)(4) of the Act because the fees
                                                for the 1Gb connection; (b) $5,500 for                  participants.4 The Exchange further                    assessed for connectivity allow the
                                                the 10Gb connection; and (c) $8,500.00                  notes that Phlx, ISE, Arca and NYSE                    Exchange to cover the costs associated
                                                for the 10Gb ULL connection. The                        American each charge higher rates for                  with providing and maintaining the
                                                Exchange also assesses to both Members                  such similar connectivity to primary                   necessary hardware and other
                                                and non-Members a monthly per                           and secondary facilities.5 Additionally,               infrastructure to support this
                                                connection network connectivity fee of                  the Exchange’s proposed connectivity                   technology. The Exchange believes that
                                                $500 for each 1Gb connection to the                     fees to its disaster recovery facility are             the proposal to increase the fees for
                                                disaster recovery facility and a monthly                within the range of the fees charged by                connectivity alternatives is fair,
                                                per connection network connectivity fee                 other exchanges for similar connectivity               equitable and not unreasonably
                                                of $2,500 for each 10Gb connection to                   alternatives.6 The Exchange believes                   discriminatory because the increased
                                                the disaster recovery facility.                         that it is appropriate to increase its fees            fees are assessed equally among all
                                                   The Exchange’s MIAX Express                          charged for use of its connectivity to                 users of the applicable connections.
                                                Network Interconnect (‘‘MENI’’) can be                  offset increasing costs associated with                  As discussed above, Phlx and ISE
                                                configured to provide Members and                       providing and maintaining the                          each offer different connections with
                                                non-Members of the Exchange network                     necessary hardware and other                           respect to latency, and Arca and NYSE
                                                connectivity to the trading platforms,                  infrastructure to support this technology              American both offer similar
                                                market data systems, test systems, and                  and also to more closely align its fees                connectivity alternatives.10 Despite this,
                                                disaster recovery facilities of both the                with the rates charged by competing                    Phlx, ISE, Arca and NYSE American
                                                Exchange and its affiliate, Miami                       options exchanges.                                     charge a higher fee than the Exchange
                                                International Securities Exchange                          The Exchange proposes to implement                  currently charges for similar
                                                (‘‘MIAX Options’’), via a single, shared                the proposed changes to the Fee                        connections to primary and secondary
                                                connection. Members and non-Members                     Schedule effective as of August 1, 2018.               facilities.11 Furthermore, the
                                                utilizing the MENI to connect to the                                                                           connectivity fees for the disaster
                                                trading platforms, market data systems,                 2. Statutory Basis
                                                                                                                                                               recovery facilities of other exchanges are
                                                test systems and disaster recovery                         The Exchange believes that its                      within the range of the proposed fees of
                                                facilities of the Exchange and MIAX                     proposal to amend its Fee Schedule is                  the Exchange.12 For these reasons, the
                                                Options via a single, shared connection                 consistent with Section 6(b) of the Act 7              Exchange believes the proposed
                                                are assessed only one monthly network                   in general, and furthers the objectives of             increase in the fees for the fiber
                                                connectivity fee per connection,                        Section 6(b)(4) of the Act 8 in particular,            connectivity to the Exchange is
                                                regardless of the trading platforms,                    in that it provides for the equitable                  reasonable and not unfairly
                                                market data systems, test systems, and                  allocation of reasonable dues, fees and                discriminatory.
                                                disaster recovery facilities accessed via               other charges among Exchange members                     The Exchange also believes that its
                                                such connection.                                        and issuers and other persons using its                proposal is consistent with Section
                                                   The Exchange proposes to increase                                                                           6(b)(5) of the Act 13 because all MIAX
                                                the monthly network connectivity fees                      4 See Phlx and ISE Rules, General Equity and
                                                                                                                                                               PEARL participants have the
                                                for such connections for both Members                   Options Rules, General 8, Section 1(b). Phlx and ISE
                                                                                                        each charge a monthly fee of $2,500 for each 1Gb       opportunity to subscribe to the
                                                and non-Members. The network                            connection, $10,000 for each 10Gb connection and       Exchange’s connections. There is also
                                                connectivity fees for connectivity to the               $15,000 for each 10Gb Ultra connection, which the      no differentiation among MIAX PEARL
                                                Exchange’s primary/secondary facility                   equivalent of the Exchange’s 10Gb ULL connection.
                                                                                                                                                               participants with regard to the fees
                                                will be increased as follows: (a) From                  See also NYSE American Fee Schedule, Section
                                                                                                        V.B, and Arca Fees and Charges, Co-Location Fees.      charged for these services.
                                                $1,100 to $1,400 for the 1Gb connection;
                                                                                                        NYSE American and Arca each charge a monthly
                                                (b) From $5,500 to $6,100 for the 10Gb                  fee of $5,000 for each 1Gb circuit, $14,000 for each   B. Self-Regulatory Organization’s
                                                connection; and (c) from $8,500 to                      10Gb circuit and $22,000 for each 10Gb LX circuit,     Statement on Burden on Competition
                                                $9,300 for the 10Gb ULL connection.                     which the equivalent of the Exchange’s 10Gb ULL
                                                                                                                                                                 MIAX PEARL does not believe that
                                                The network connectivity fees for                       connection.
                                                                                                           5 Id.                                               the proposed rule changes will impose
                                                connectivity to the Exchange’s disaster                    6 See Nasdaq ISE Schedule of Fees, IX(D)            any burden on competition not
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                                                recovery facility will be increased as                  (charging $3,000 for disaster recovery testing &       necessary or appropriate in furtherance
                                                follows: (a) From $500 to $550 for the                  relocation services); see also Cboe Exchange, Inc.     of the purposes of the Act. On the
                                                1Gb connection; and (b) from $2,500 to                  (‘‘CBOE’’) Fees Schedule, p. 14, Cboe Command
                                                $2,750 for the 10Gb connection.                         Connectivity Charges (charging a monthly fee of
                                                                                                                                                                9 15 U.S.C. 78f(b)(5).
                                                                                                        $2,000 for a 1Gb disaster recovery network access
                                                   The Exchange believes that the                       port and a monthly fee of $6,000 for a 10Gb disaster    10 See supra note 4.
                                                increase in the pricing of the Exchange’s               recovery network access port).                          11 Id.

                                                connectivity is reflective of the                          7 15 U.S.C. 78f(b).                                  12 See supra note 6.

                                                continued value that it provides and the                   8 15 U.S.C. 78f(b)(4).                               13 15 U.S.C. 78f(b)(5).




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                                                                               Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Notices                                            40103

                                                contrary, the Exchange believes that the                 Electronic Comments                                    SECURITIES AND EXCHANGE
                                                proposed changes should increase both                                                                           COMMISSION
                                                intermarket and intramarket                                • Use the Commission’s internet
                                                competition. Specifically, the Exchange                  comment form (http://www.sec.gov/
                                                                                                                                                                [Release No. 34–83793; File No. SR–ISE–
                                                believes that the changes will promote                   rules/sro.shtml); or
                                                                                                                                                                2018–70]
                                                competition by increasing the                              • Send an email to rule-comments@
                                                connectivity fees to become more within                  sec.gov. Please include File Number SR–                Self-Regulatory Organizations; Nasdaq
                                                the range of comparable fees assessed by                 PEARL–2018–16 on the subject line.                     ISE, LLC; Notice of Filing and
                                                other competing exchanges.14                                                                                    Immediate Effectiveness of a Proposed
                                                                                                         Paper Comments
                                                   The Exchange notes that it operates in                                                                       Rule Change To Amend the Options
                                                a highly competitive market in which                       • Send paper comments in triplicate                  Regulatory Fee
                                                market participants can readily favor                    to Secretary, Securities and Exchange
                                                                                                                                                                August 7, 2018.
                                                competing venues if they deem fee                        Commission, 100 F Street NE,
                                                levels at a particular venue to be                       Washington, DC 20549–1090.                                Pursuant to Section 19(b)(1) of the
                                                excessive. In such an environment, the                                                                          Securities Exchange Act of 1934
                                                                                                         All submissions should refer to File                   (‘‘Act’’),1 and Rule 19B–4 thereunder,2
                                                Exchange must continually adjust its                     Number SR–PEARL–2018–16. This file
                                                fees to remain competitive with other                                                                           notice is hereby given that on July 27,
                                                                                                         number should be included on the                       2018, Nasdaq ISE, LLC (‘‘ISE’’ or
                                                exchanges. The Exchange believes that                    subject line if email is used. To help the
                                                the proposed changes reflect this                                                                               ‘‘Exchange’’) filed with the Securities
                                                                                                         Commission process and review your                     and Exchange Commission (the
                                                competitive environment. To the extent                   comments more efficiently, please use
                                                that this purpose is achieved, all the                                                                          ‘‘Commission’’) the proposed rule
                                                                                                         only one method. The Commission will                   change as described in Items I, II, and
                                                Exchange’s market participants should                    post all comments on the Commission’s
                                                benefit from the improved market                                                                                III below, which Items have been
                                                                                                         internet website (http://www.sec.gov/                  prepared by the Exchange. The
                                                liquidity.                                               rules/sro.shtml). Copies of the                        Commission is publishing this notice to
                                                C. Self-Regulatory Organization’s                        submission, all subsequent                             solicit comments on the proposed rule
                                                Statement on Comments on the                             amendments, all written statements                     change from interested persons.
                                                Proposed Rule Change Received From                       with respect to the proposed rule
                                                Members, Participants, or Others                         change that are filed with the                         I. Self-Regulatory Organization’s
                                                                                                         Commission, and all written                            Statement of the Terms of Substance of
                                                  Written comments were neither                          communications relating to the                         the Proposed Rule Change
                                                solicited nor received.                                  proposed rule change between the
                                                                                                         Commission and any person, other than                     The Exchange proposes to revise ISE’s
                                                III. Date of Effectiveness of the                                                                               Schedule of Fees to amend its Options
                                                Proposed Rule Change and Timing for                      those that may be withheld from the
                                                                                                         public in accordance with the                          Regulatory Fee or ‘‘ORF’’.
                                                Commission Action
                                                                                                         provisions of 5 U.S.C. 552, will be                       While the changes proposed herein
                                                   The foregoing rule change has become                  available for website viewing and                      are effective upon filing, the Exchange
                                                effective pursuant to Section                            printing in the Commission’s Public                    has designated the amendments become
                                                19(b)(3)(A)(ii) of the Act,15 and Rule                   Reference Room, 100 F Street NE,                       operative on August 1, 2018.
                                                19b–4(f)(2) 16 thereunder. At any time                   Washington, DC 20549, on official                         The text of the proposed rule change
                                                within 60 days of the filing of the                      business days between the hours of                     is available on the Exchange’s website at
                                                proposed rule change, the Commission                     10:00 a.m. and 3:00 p.m. Copies of the                 http://ise.cchwallstreet.com/, at the
                                                summarily may temporarily suspend                        filing also will be available for                      principal office of the Exchange, and at
                                                such rule change if it appears to the                    inspection and copying at the principal                the Commission’s Public Reference
                                                Commission that such action is                           office of the Exchange. All comments                   Room.
                                                necessary or appropriate in the public                   received will be posted without change.
                                                interest, for the protection of investors,               Persons submitting comments are                        II. Self-Regulatory Organization’s
                                                or otherwise in furtherance of the                       cautioned that we do not redact or edit                Statement of the Purpose of, and
                                                purposes of the Act. If the Commission                   personal identifying information from                  Statutory Basis for, the Proposed Rule
                                                takes such action, the Commission shall                  comment submissions. You should                        Change
                                                institute proceedings to determine                       submit only information that you wish                    In its filing with the Commission, the
                                                whether the proposed rule should be                      to make available publicly. All                        Exchange included statements
                                                approved or disapproved.                                 submissions should refer to File                       concerning the purpose of and basis for
                                                                                                         Number SR–PEARL–2018–16 and                            the proposed rule change and discussed
                                                IV. Solicitation of Comments
                                                                                                         should be submitted on or before                       any comments it received on the
                                                  Interested persons are invited to                      September 4, 2018.                                     proposed rule change. The text of these
                                                submit written data, views, and                            For the Commission, by the Division of               statements may be examined at the
                                                arguments concerning the foregoing,                      Trading and Markets, pursuant to delegated             places specified in Item IV below. The
                                                including whether the proposed rule                      authority.17                                           Exchange has prepared summaries, set
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                                                change is consistent with the Act.                       Eduardo A. Aleman,                                     forth in sections A, B, and C below, of
                                                Comments may be submitted by any of                      Assistant Secretary.                                   the most significant aspects of such
                                                the following methods:                                   [FR Doc. 2018–17251 Filed 8–10–18; 8:45 am]            statements.
                                                                                                         BILLING CODE 8011–01–P
                                                  14 See supra note 4.
                                                  15 15 U.S.C. 78s(b)(3)(A)(ii).                                                                                  1 15   U.S.C. 78s(b)(1).
                                                  16 17 CFR 240.19b–4(f)(2).                               17 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19B–4.



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Document Created: 2018-08-11 00:27:54
Document Modified: 2018-08-11 00:27:54
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 Citation83 FR 40101 

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