83_FR_8593 83 FR 8554 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Gateway Fees

83 FR 8554 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Gateway Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 39 (February 27, 2018)

Page Range8554-8556
FR Document2018-03888

Federal Register, Volume 83 Issue 39 (Tuesday, February 27, 2018)
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8554-8556]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03888]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82749; File No. SR-ISE-2018-15]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Relating to Gateway 
Fees

February 21, 2018.
    Pursuant to 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 February 12, 2018, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') 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 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 proposes to amend the Exchange's Schedule of Fees to 
remove obsolete text and amend the current rule text to provide a more 
accurate description of the Gateway Fees which are currently offered on 
ISE.
    The text of the proposed rule change is available on the Exchange's 
website at http://ise.cchwallstreet.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 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 ISE's current pricing related to

[[Page 8555]]

Gateways at VI, C of the Schedule of Fees. The Exchange's current 
gateway offering was modified with the completion of the transition of 
ISE to INET technology in July 2017. First, as of July 2017, the 
Exchange no longer offered a Shared Gateway for its DTI \3\ port to its 
Members. Second, the Exchange modified its offering of its Dedicated 
Gateway to remove the paired offering which allowed access to both ISE 
and Nasdaq GEMX, LLC (``GEMX''). Both of these changes are discussed in 
more detail below.
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    \3\ DTI was an order entry protocol offered on ISE that was 
utilized by all members. DTI ports are not offered today.
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Shared Gateway
    With the transition to INET, ISE no longer offered DTI ports as of 
July 2017. Prior to the replatform, ISE assessed Members a Shared 
Gateway fee of $750 per gateway, per month for DTI ports. The offering 
provided connectivity to both ISE and GEMX. The Exchange no longer 
offers DTI ports and has not billed this fee since the decommissioning 
of the DTI ports in July 2017. No ISE Member will be offered a Shared 
Gateway for a DTI port. Today, the Exchange does not assess a Shared 
Gateway fee for ports. ISE Members are able to utilize various ports 
today, namely, SQF, OTTO, FIX and Precise. The Exchange is noting a 
Shared Gateway fee of $0 on the Schedule of Fees for clarity. The 
Shared Gateway fee shall apply to all ports including FIX, SQF, OTTO 
and Precise.
Dedicated Gateway and Dedicated SQF
    The Exchange filed a rule change to establish a Dedicated SQF Host 
in 2017 to discuss the transition of gateway services in connection 
with the INET migration.\4\ In that rule change the Exchange noted it 
would offer Dedicated Gateways to facilitate member access to the 
Exchange.\5\ The filing described a Dedicated SQF Host as an optional 
offering available to Market Makers--i.e., Primary Market Makers 
(``PMMs'') and Competitive Market Makers (``CMMs'')--only for their SQF 
Port & SQF Purge Port connectivity.\6\ A Dedicated SQF Host provides 
the PMM or CMM with assurance that their SQF Port and SQF Purge Port 
connection to the Exchange resides on a host that is not shared with 
other PMMs and CMMs.
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    \4\ See Securities and Exchange Act Release No. 81095 (July 7, 
2017), 82 FR 32409 (July 13, 2017)(SR-ISE-2017-62).
    \5\ Id.
    \6\ Id. See also ISE Rule 100(a)(25).
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    The Exchange's Schedule of Fees currently provides for a Dedicated 
Gateway fee which is assessed at $2,250 per gateway pair, per month. 
The Schedule of Fees notes that the gateway connectivity provides 
connectivity to both GEMX and ISE. Also, the Schedule of Fees notes a 
Dedicated SQF Host Fee of $0 per host per month. The Exchange 
established the Dedicated SQF Host Fee at no cost because the Exchange 
did not desire to double bill ISE Market Makers for two sets of SQF 
connectivity--one to the old T7 legacy system and one to the new INET 
system.
    The Exchange discontinued its paired Dedicated Gateways in July 
2017. Since that time the Exchange has not billed Market Makers for use 
of Dedicated Gateways. The Exchange has offered the Dedicated SQF Host 
at no cost. At this time, the Exchange proposes to increase and amend 
the dedicated offering. The Exchange proposes to eliminate the 
reference to a ``Dedicated SQF Host Fee'' and commence assessing a fee 
for the ``Dedicated Gateway'' offering. The Exchange proposes to 
continue to refer to the dedicated offering as the ``Dedicated 
Gateway'' and assess a fee of $2,250 per SQF gateway, per month. Only 
Market Makers that utilize SQF ports have the option of utilizing this 
dedicated offering. Prior to the INET transition, all Members were able 
to utilize the dedicated offering for their DTI port. Today, only SQF 
ports, which are utilized by Market Makers, may be dedicated. All other 
ports, namely FIX, OTTO and Precise, can only be shared. An SQF port 
can be shared, at no cost, or dedicated. The current Dedicated SQF will 
not offer connectivity for GEMX and therefore the ``pair'' language is 
no longer relevant. The offering only grants access to ISE.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\7\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act,\8\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees, and other 
charges among members and issuers and other persons using any facility, 
and is not designed to permit unfair discrimination between customers, 
issuers, brokers, or dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
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Shared Gateway
    The Exchange believes that removing the obsolete pricing for the 
Shared Gateway for the DTI ports is reasonable because DTI ports are no 
longer available and the Exchange does not assess any other port a 
Shared Gateway fee. Also, the Exchange offers a Shared Gateway for any 
port, SQF, OTTO, FIX or Precise, at no cost.
    The Exchange believes that removing the pricing for the Shared 
Gateway for DTI ports is equitable and not unfairly discriminatory 
because DTI ports are no longer available on ISE for any Member. Any 
Member may utilize a Shared Gateway at no cost.
Dedicated Gateway and Dedicated SQF
    The Exchange believes that removing the current Dedicated Gateway 
paired pricing and the reference to the Dedicated SQF Host Fee, and 
increasing the fee for a dedicated offering, namely ``Dedicated 
Gateway'' fee from $0 \9\ to $2,250 per SQF gateway, per month is 
reasonable. The Exchange discontinued the paired connectivity through 
the legacy T7 in July 2017. The Exchange offered these dedicated 
servers at no cost since August 2017. Increasing the Dedicated Gateway 
fee at this time permits the Exchange to recuperate costs its bears to 
offer such dedicated services and permits ISE Marker Makers to select 
between a Shared Gateway and a Dedicated Gateway for their SQF ports. 
The Exchange believes that assessing a fee of $2,250 per host, per 
month to obtain a dedicated server is reasonable given the cost of this 
offering to the Exchange. ISE Market Makers have the option of 
selecting a Shared Gateway for their SQF ports at no cost.
---------------------------------------------------------------------------

    \9\ The Exchange is not currently assessing a fee for a 
dedicated offering.
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    The Exchange believes that removing the current Dedicated Gateway 
paired pricing and the reference to the Dedicated SQF Host Fee, and 
increasing the fee for a dedicated offering, namely ``Dedicated 
Gateway'' fee from $0 to $2,250 per SQF gateway, per month is equitable 
and not unfairly discriminatory. At this time, no ISE Member is being 
assessed the paired Dedicated Gateway fees. Today, no ISE Market Maker 
is being assessed a Dedicated SQF Host fee. Any ISE Market Maker may 
select a Dedicated SQF, as compared to a Shared Gateway for their SQF 
connectivity. The Exchange will uniformly assess any ISE Market Maker 
the proposed $2,250 per host, per month fee. ISE Market Makers are 
likely to benefit from a dedicated as compared to a shared gateway as 
compared to other market participants. Dedicated SQF is designed to 
provide a more deterministic experience for ISE Market Makers when 
quoting on the Exchange by allowing them to better load balance their 
trading sessions, but does not provide any latency benefit when 
compared to using the shared

[[Page 8556]]

gateways, which are built on identical hardware to the dedicated 
gateways. The Exchange therefore believes that ISE Market Makers are 
likely to benefit from the load balancing provided by the dedicated 
gateways, which will aid ISE Market Makers in their obligations to 
maintain tight markets--a benefit that ultimately accrues to the 
benefit of all market participants that trade on the Exchange. Based on 
the Exchange's experience, the Exchange does not believe that market 
participants using other protocols, namely FIX, OTTO and Precise, are 
likely to use dedicated gateways, and the Exchange is therefore not 
offering such Dedicated Gateways for any of ports other than SQF Ports.
    The Exchange does not believe that it is unfairly discriminatory to 
offer Dedicated Gateways only for SQF ports, which are only available 
to ISE Market Makers. Other exchanges also have gateways that are 
restricted to market makers. The New York Stock Exchange, for example, 
offers DMM Gateways that are only available to their Designated Market 
Makers.\10\ ISE Market Makers provide liquidity on the Exchange and 
have continuous quoting obligations \11\ to the market that require the 
ability to quickly and efficiently interact with their quotes and 
orders. Finally, with respect to assessing the same fee while 
discontinuing access to GEMX, the Exchange believes that is equitable 
and not unfairly discriminatory to no longer offer access to GEMX with 
this particular offering as other exchanges do not offer this 
option.\12\
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    \10\ See Securities Exchange Act Release No. 79748 (January 6, 
2017), 82 FR 3828 (January 12, 2017) (SR-NYSE-2016-93).
    \11\ See ISE Rule 804(e).
    \12\ Nasdaq MRX, LLC has never offered a dedicated gateway 
option today.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. In terms of inter-market 
competition, the Exchange notes other exchanges offer similar dedicated 
access to their servers.\13\ The Exchange 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, or rebate opportunities available at other venues to be more 
favorable. Because competitors are free to modify their own fees in 
response, and because market participants may readily adjust their 
order routing practices, the Exchange believes that the degree to which 
fee changes in this market may impose any burden on competition is 
extremely limited.
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    \13\ See note 9 above.
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    In terms of intra-market competition, no ISE Member will be 
assessed for a Shared Gateway. The new proposed Dedicated Gateway fee 
will be uniformly assessed to ISE Market Makers, who provide liquidity 
on the Exchange and have continuous quoting obligations \14\ to the 
market. These market participants require the ability to quickly and 
efficiently interact with their quotes and orders. Further will respect 
to a Dedicated Gateways, the Exchange believes that ISE Market Makers 
are likely to benefit from the load balancing, which will aid ISE 
Market Makers in their obligations to maintain tight markets--a benefit 
that ultimately accrues to the benefit of all market participants that 
trade on the Exchange. An ISE Market Maker may selected a Shared 
Gateway for their SQF ports at no cost. Further, the Exchange notes 
that no ISE Market Maker will be offered connectivity to GEMX in 
connection with this offering.
---------------------------------------------------------------------------

    \14\ See ISE Rule 804(e).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or 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\ 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: (i) Necessary or appropriate in the public 
interest; (ii) for the protection of investors; or (iii) 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).
---------------------------------------------------------------------------

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-ISE-2018-15 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-ISE-2018-15. 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-ISE-2018-15 and should be submitted on 
or before March 20, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03888 Filed 2-26-18; 8:45 am]
BILLING CODE 8011-01-P



                                               8554                        Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices

                                               securities, options on securities,                      Comments may be submitted by any of                    SECURITIES AND EXCHANGE
                                               security futures products, and futures                  the following methods:                                 COMMISSION
                                               and options on broad-based security
                                                                                                       Electronic Comments                                    [Release No. 34–82749; File No. SR–ISE–
                                               indexes. A list identifying the current                                                                        2018–15]
                                               ISG members is available at https://                      • Use the Commission’s internet
                                               www.isgportal.org/isgportal/public/                     comment form (http://www.sec.gov/                      Self-Regulatory Organizations; Nasdaq
                                               members.htm. MIAX PEARL has                             rules/sro.shtml); or                                   ISE, LLC; Notice of Filing and
                                               analyzed its capacity and represents that                                                                      Immediate Effectiveness of Proposed
                                               it believes the Exchange and the                          • Send an email to rule-comments@
                                                                                                       sec.gov. Please include File Number SR–                Rule Change Relating to Gateway Fees
                                               Options Price Reporting Authority
                                               (‘‘OPRA’’) have the necessary systems                   PEARL–2018–02 on the subject line.                     February 21, 2018.
                                               capacity to handle the additional traffic               Paper Comments                                            Pursuant to Section 19(b)(1) of the
                                               associated with the listing and trading                                                                        Securities Exchange Act of 1934
                                               of index options.                                         • Send paper comments in triplicate                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                       to Secretary, Securities and Exchange                  notice is hereby given that on February
                                               B. Self-Regulatory Organization’s                       Commission, 100 F Street NE,                           12, 2018, Nasdaq ISE, LLC (‘‘ISE’’ or
                                               Statement on Burden on Competition                      Washington, DC 20549–1090.                             ‘‘Exchange’’) filed with the Securities
                                                 The Exchange does not believe that                                                                           and Exchange Commission
                                                                                                       All submissions should refer to File                   (‘‘Commission’’) the proposed rule
                                               the proposed rule change will impose
                                                                                                       Number SR–PEARL–2018–02. This file                     change as described in Items I, II, and
                                               any burden on competition that is not
                                                                                                       number should be included on the                       III, below, which Items have been
                                               necessary or appropriate in furtherance
                                                                                                       subject line if email is used. To help the             prepared by the Exchange. The
                                               of the purposes of the Act. On the
                                                                                                       Commission process and review your                     Commission is publishing this notice to
                                               contrary, the Exchange believes that the
                                                                                                       comments more efficiently, please use                  solicit comments on the proposed rule
                                               proposed rule change will enable the
                                                                                                       only one method. The Commission will                   change from interested persons.
                                               Exchange to compete for order flow in
                                                                                                       post all comments on the Commission’s
                                               index options products with other                                                                              I. Self-Regulatory Organization’s
                                                                                                       internet website (http://www.sec.gov/
                                               exchanges that currently have rules and                                                                        Statement of the Terms of Substance of
                                                                                                       rules/sro.shtml). Copies of the
                                               functionality in place to list and trade                                                                       the Proposed Rule Change
                                                                                                       submission, all subsequent
                                               index options.
                                                 The Exchange further believes that the                amendments, all written statements                        The Exchange proposes to amend the
                                               proposed rule change will enhance                       with respect to the proposed rule                      Exchange’s Schedule of Fees to remove
                                               intra-market competition, as more                       change that are filed with the                         obsolete text and amend the current rule
                                               varied index products become available                  Commission, and all written                            text to provide a more accurate
                                               for trading on the Exchange, which                      communications relating to the                         description of the Gateway Fees which
                                               should encourage a greater number of                    proposed rule change between the                       are currently offered on ISE.
                                                                                                       Commission and any person, other than                     The text of the proposed rule change
                                               Market Makers to trade index options,
                                                                                                       those that may be withheld from the                    is available on the Exchange’s website at
                                               resulting in greater liquidity and more
                                                                                                       public in accordance with the                          http://ise.cchwallstreet.com/, at the
                                               competitive quoting on the Exchange.
                                                                                                       provisions of 5 U.S.C. 552, will be                    principal office of the Exchange, and at
                                               C. Self-Regulatory Organization’s                       available for website viewing and                      the Commission’s Public Reference
                                               Statement on Comments on the                            printing in the Commission’s Public                    Room.
                                               Proposed Rule Change Received From                      Reference Room, 100 F Street NE,                       II. Self-Regulatory Organization’s
                                               Members, Participants, or Others                        Washington, DC 20549, on official                      Statement of the Purpose of, and
                                                 Written comments were neither                         business days between the hours of                     Statutory Basis for, the Proposed Rule
                                               solicited nor received.                                 10:00 a.m. and 3:00 p.m. Copies of the                 Change
                                                                                                       filing also will be available for
                                               III. Date of Effectiveness of the                       inspection and copying at the principal                   In its filing with the Commission, the
                                               Proposed Rule Change and Timing for                     office of the Exchange. All comments                   Exchange included statements
                                               Commission Action                                       received will be posted without change.                concerning the purpose of and basis for
                                                  Within 45 days of the date of                        Persons submitting comments are                        the proposed rule change and discussed
                                               publication of this notice in the Federal               cautioned that we do not redact or edit                any comments it received on the
                                               Register or within such longer period (i)               personal identifying information from                  proposed rule change. The text of these
                                               as the Commission may designate up to                   comment submissions. You should                        statements may be examined at the
                                               90 days of such date if it finds such                   submit only information that you wish                  places specified in Item IV below. The
                                               longer period to be appropriate and                     to make available publicly. All                        Exchange has prepared summaries, set
                                               publishes its reasons for so finding or                 submissions should refer to File                       forth in sections A, B, and C below, of
                                               (ii) as to which the Exchange consents,                 Number SR–PEARL–2018–02 and                            the most significant aspects of such
                                               the Commission shall: (a) by order                      should be submitted on or before March                 statements.
                                               approve or disapprove such proposed                     20,2018.                                               A. Self-Regulatory Organization’s
                                               rule change, or (b) institute proceedings                 For the Commission, by the Division of               Statement of the Purpose of, and
                                               to determine whether the proposed rule                  Trading and Markets, pursuant to delegated             Statutory Basis for, the Proposed Rule
                                               change should be disapproved.                           authority.60                                           Change
daltland on DSKBBV9HB2PROD with NOTICES




                                               IV. Solicitation of Comments                            Eduardo A. Aleman,                                     1. Purpose
                                                 Interested persons are invited to                     Assistant Secretary.
                                                                                                                                                                 The Exchange proposes to amend
                                               submit written data, views, and                         [FR Doc. 2018–03894 Filed 2–26–18; 8:45 am]
                                                                                                                                                              ISE’s current pricing related to
                                               arguments concerning the foregoing,                     BILLING CODE 8011–01–P
                                               including whether the proposed rule                                                                              1 15   U.S.C. 78s(b)(1).
                                               change is consistent with the Act.                        60 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b 4.



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                                                                           Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices                                                        8555

                                               Gateways at VI, C of the Schedule of                    Gateway fee which is assessed at $2,250                 fee. Also, the Exchange offers a Shared
                                               Fees. The Exchange’s current gateway                    per gateway pair, per month. The                        Gateway for any port, SQF, OTTO, FIX
                                               offering was modified with the                          Schedule of Fees notes that the gateway                 or Precise, at no cost.
                                               completion of the transition of ISE to                  connectivity provides connectivity to                     The Exchange believes that removing
                                               INET technology in July 2017. First, as                 both GEMX and ISE. Also, the Schedule                   the pricing for the Shared Gateway for
                                               of July 2017, the Exchange no longer                    of Fees notes a Dedicated SQF Host Fee                  DTI ports is equitable and not unfairly
                                               offered a Shared Gateway for its DTI 3                  of $0 per host per month. The Exchange                  discriminatory because DTI ports are no
                                               port to its Members. Second, the                        established the Dedicated SQF Host Fee                  longer available on ISE for any Member.
                                               Exchange modified its offering of its                   at no cost because the Exchange did not                 Any Member may utilize a Shared
                                               Dedicated Gateway to remove the paired                  desire to double bill ISE Market Makers                 Gateway at no cost.
                                               offering which allowed access to both                   for two sets of SQF connectivity—one to                 Dedicated Gateway and Dedicated SQF
                                               ISE and Nasdaq GEMX, LLC (‘‘GEMX’’).                    the old T7 legacy system and one to the
                                               Both of these changes are discussed in                  new INET system.                                           The Exchange believes that removing
                                               more detail below.                                         The Exchange discontinued its paired                 the current Dedicated Gateway paired
                                                                                                       Dedicated Gateways in July 2017. Since                  pricing and the reference to the
                                               Shared Gateway                                          that time the Exchange has not billed                   Dedicated SQF Host Fee, and increasing
                                                 With the transition to INET, ISE no                   Market Makers for use of Dedicated                      the fee for a dedicated offering, namely
                                               longer offered DTI ports as of July 2017.               Gateways. The Exchange has offered the                  ‘‘Dedicated Gateway’’ fee from $0 9 to
                                               Prior to the replatform, ISE assessed                   Dedicated SQF Host at no cost. At this                  $2,250 per SQF gateway, per month is
                                               Members a Shared Gateway fee of $750                    time, the Exchange proposes to increase                 reasonable. The Exchange discontinued
                                               per gateway, per month for DTI ports.                   and amend the dedicated offering. The                   the paired connectivity through the
                                               The offering provided connectivity to                   Exchange proposes to eliminate the                      legacy T7 in July 2017. The Exchange
                                               both ISE and GEMX. The Exchange no                      reference to a ‘‘Dedicated SQF Host                     offered these dedicated servers at no
                                               longer offers DTI ports and has not                     Fee’’ and commence assessing a fee for                  cost since August 2017. Increasing the
                                               billed this fee since the                               the ‘‘Dedicated Gateway’’ offering. The                 Dedicated Gateway fee at this time
                                               decommissioning of the DTI ports in                     Exchange proposes to continue to refer                  permits the Exchange to recuperate
                                               July 2017. No ISE Member will be                        to the dedicated offering as the                        costs its bears to offer such dedicated
                                               offered a Shared Gateway for a DTI port.                ‘‘Dedicated Gateway’’ and assess a fee of               services and permits ISE Marker Makers
                                               Today, the Exchange does not assess a                   $2,250 per SQF gateway, per month.                      to select between a Shared Gateway and
                                               Shared Gateway fee for ports. ISE                       Only Market Makers that utilize SQF                     a Dedicated Gateway for their SQF
                                               Members are able to utilize various                     ports have the option of utilizing this                 ports. The Exchange believes that
                                               ports today, namely, SQF, OTTO, FIX                     dedicated offering. Prior to the INET                   assessing a fee of $2,250 per host, per
                                               and Precise. The Exchange is noting a                   transition, all Members were able to                    month to obtain a dedicated server is
                                               Shared Gateway fee of $0 on the                         utilize the dedicated offering for their                reasonable given the cost of this offering
                                               Schedule of Fees for clarity. The Shared                DTI port. Today, only SQF ports, which                  to the Exchange. ISE Market Makers
                                               Gateway fee shall apply to all ports                    are utilized by Market Makers, may be                   have the option of selecting a Shared
                                               including FIX, SQF, OTTO and Precise.                   dedicated. All other ports, namely FIX,                 Gateway for their SQF ports at no cost.
                                                                                                       OTTO and Precise, can only be shared.                      The Exchange believes that removing
                                               Dedicated Gateway and Dedicated SQF                                                                             the current Dedicated Gateway paired
                                                                                                       An SQF port can be shared, at no cost,
                                                  The Exchange filed a rule change to                  or dedicated. The current Dedicated                     pricing and the reference to the
                                               establish a Dedicated SQF Host in 2017                  SQF will not offer connectivity for                     Dedicated SQF Host Fee, and increasing
                                               to discuss the transition of gateway                    GEMX and therefore the ‘‘pair’’ language                the fee for a dedicated offering, namely
                                               services in connection with the INET                    is no longer relevant. The offering only                ‘‘Dedicated Gateway’’ fee from $0 to
                                               migration.4 In that rule change the                     grants access to ISE.                                   $2,250 per SQF gateway, per month is
                                               Exchange noted it would offer                                                                                   equitable and not unfairly
                                               Dedicated Gateways to facilitate                        2. Statutory Basis                                      discriminatory. At this time, no ISE
                                               member access to the Exchange.5 The                        The Exchange believes that its                       Member is being assessed the paired
                                               filing described a Dedicated SQF Host                   proposal is consistent with Section 6(b)                Dedicated Gateway fees. Today, no ISE
                                               as an optional offering available to                    of the Act,7 in general, and furthers the               Market Maker is being assessed a
                                               Market Makers—i.e., Primary Market                      objectives of Sections 6(b)(4) and 6(b)(5)              Dedicated SQF Host fee. Any ISE
                                               Makers (‘‘PMMs’’) and Competitive                       of the Act,8 in particular, in that it                  Market Maker may select a Dedicated
                                               Market Makers (‘‘CMMs’’)—only for                       provides for the equitable allocation of                SQF, as compared to a Shared Gateway
                                               their SQF Port & SQF Purge Port                         reasonable dues, fees, and other charges                for their SQF connectivity. The
                                               connectivity.6 A Dedicated SQF Host                     among members and issuers and other                     Exchange will uniformly assess any ISE
                                               provides the PMM or CMM with                            persons using any facility, and is not                  Market Maker the proposed $2,250 per
                                               assurance that their SQF Port and SQF                   designed to permit unfair                               host, per month fee. ISE Market Makers
                                               Purge Port connection to the Exchange                   discrimination between customers,                       are likely to benefit from a dedicated as
                                               resides on a host that is not shared with               issuers, brokers, or dealers.                           compared to a shared gateway as
                                               other PMMs and CMMs.                                                                                            compared to other market participants.
                                                  The Exchange’s Schedule of Fees                      Shared Gateway                                          Dedicated SQF is designed to provide a
                                               currently provides for a Dedicated                        The Exchange believes that removing                   more deterministic experience for ISE
                                                                                                       the obsolete pricing for the Shared                     Market Makers when quoting on the
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                                                 3 DTI was an order entry protocol offered on ISE
                                                                                                       Gateway for the DTI ports is reasonable                 Exchange by allowing them to better
                                               that was utilized by all members. DTI ports are not     because DTI ports are no longer
                                               offered today.
                                                                                                                                                               load balance their trading sessions, but
                                                 4 See Securities and Exchange Act Release No.
                                                                                                       available and the Exchange does not                     does not provide any latency benefit
                                               81095 (July 7, 2017), 82 FR 32409 (July 13,             assess any other port a Shared Gateway                  when compared to using the shared
                                               2017)(SR–ISE–2017–62).
                                                 5 Id.                                                   7 15   U.S.C. 78f(b).                                   9 The Exchange is not currently assessing a fee for
                                                 6 Id. See also ISE Rule 100(a)(25).                     8 15   U.S.C. 78f(b)(4) and (5).                      a dedicated offering.



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                                               8556                        Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices

                                               gateways, which are built on identical                  believes that the degree to which fee                    Electronic Comments
                                               hardware to the dedicated gateways.                     changes in this market may impose any
                                               The Exchange therefore believes that                    burden on competition is extremely                         • Use the Commission’s internet
                                               ISE Market Makers are likely to benefit                 limited.                                                 comment form (http://www.sec.gov/
                                               from the load balancing provided by the                   In terms of intra-market competition,                  rules/sro.shtml); or
                                               dedicated gateways, which will aid ISE                  no ISE Member will be assessed for a                       • Send an email to rule-comments@
                                               Market Makers in their obligations to                   Shared Gateway. The new proposed                         sec.gov. Please include File Number SR–
                                               maintain tight markets—a benefit that                   Dedicated Gateway fee will be                            ISE–2018–15 on the subject line.
                                               ultimately accrues to the benefit of all                uniformly assessed to ISE Market
                                               market participants that trade on the                   Makers, who provide liquidity on the                     Paper Comments
                                               Exchange. Based on the Exchange’s                       Exchange and have continuous quoting
                                               experience, the Exchange does not                                                                                  • Send paper comments in triplicate
                                                                                                       obligations 14 to the market. These                      to Secretary, Securities and Exchange
                                               believe that market participants using                  market participants require the ability to
                                               other protocols, namely FIX, OTTO and                                                                            Commission, 100 F Street NE,
                                                                                                       quickly and efficiently interact with
                                               Precise, are likely to use dedicated                                                                             Washington, DC 20549–1090.
                                                                                                       their quotes and orders. Further will
                                               gateways, and the Exchange is therefore                 respect to a Dedicated Gateways, the                     All submissions should refer to File
                                               not offering such Dedicated Gateways                    Exchange believes that ISE Market                        Number SR–ISE–2018–15. This file
                                               for any of ports other than SQF Ports.                  Makers are likely to benefit from the                    number should be included on the
                                                  The Exchange does not believe that it                load balancing, which will aid ISE                       subject line if email is used. To help the
                                               is unfairly discriminatory to offer                     Market Makers in their obligations to
                                               Dedicated Gateways only for SQF ports,                                                                           Commission process and review your
                                                                                                       maintain tight markets—a benefit that                    comments more efficiently, please use
                                               which are only available to ISE Market                  ultimately accrues to the benefit of all
                                               Makers. Other exchanges also have                                                                                only one method. The Commission will
                                                                                                       market participants that trade on the                    post all comments on the Commission’s
                                               gateways that are restricted to market                  Exchange. An ISE Market Maker may
                                               makers. The New York Stock Exchange,                                                                             internet website (http://www.sec.gov/
                                                                                                       selected a Shared Gateway for their SQF                  rules/sro.shtml). Copies of the
                                               for example, offers DMM Gateways that                   ports at no cost. Further, the Exchange
                                               are only available to their Designated                                                                           submission, all subsequent
                                                                                                       notes that no ISE Market Maker will be
                                               Market Makers.10 ISE Market Makers                                                                               amendments, all written statements
                                                                                                       offered connectivity to GEMX in
                                               provide liquidity on the Exchange and                                                                            with respect to the proposed rule
                                                                                                       connection with this offering.
                                               have continuous quoting obligations 11                                                                           change that are filed with the
                                               to the market that require the ability to               C. Self-Regulatory Organization’s                        Commission, and all written
                                               quickly and efficiently interact with                   Statement on Comments on the                             communications relating to the
                                               their quotes and orders. Finally, with                  Proposed Rule Change Received From                       proposed rule change between the
                                               respect to assessing the same fee while                 Members, Participants, or Others                         Commission and any person, other than
                                               discontinuing access to GEMX, the                                                                                those that may be withheld from the
                                               Exchange believes that is equitable and                   No written comments were either
                                                                                                       solicited or received.                                   public in accordance with the
                                               not unfairly discriminatory to no longer                                                                         provisions of 5 U.S.C. 552, will be
                                               offer access to GEMX with this                          III. Date of Effectiveness of the                        available for website viewing and
                                               particular offering as other exchanges do               Proposed Rule Change and Timing for                      printing in the Commission’s Public
                                               not offer this option.12                                Commission Action                                        Reference Room, 100 F Street NE,
                                               B. Self-Regulatory Organization’s                          The foregoing rule change has become                  Washington, DC 20549, on official
                                               Statement on Burden on Competition                      effective pursuant to Section                            business days between the hours of
                                                 The Exchange does not believe that                    19(b)(3)(A)(ii) of the Act.15 At any time                10:00 a.m. and 3:00 p.m. Copies of the
                                               the proposed rule change will impose                    within 60 days of the filing of the                      filing also will be available for
                                               any burden on competition not                           proposed rule change, the Commission                     inspection and copying at the principal
                                               necessary or appropriate in furtherance                 summarily may temporarily suspend                        office of the Exchange. All comments
                                               of the purposes of the Act. In terms of                 such rule change if it appears to the                    received will be posted without change.
                                               inter-market competition, the Exchange                  Commission that such action is: (i)                      Persons submitting comments are
                                               notes other exchanges offer similar                     Necessary or appropriate in the public                   cautioned that we do not redact or edit
                                               dedicated access to their servers.13 The                interest; (ii) for the protection of                     personal identifying information from
                                               Exchange operates in a highly                           investors; or (iii) otherwise in                         comment submissions. You should
                                               competitive market in which market                      furtherance of the purposes of the Act.                  submit only information that you wish
                                               participants can readily favor competing                If the Commission takes such action, the                 to make available publicly. All
                                               venues if they deem fee levels at a                     Commission shall institute proceedings
                                                                                                                                                                submissions should refer to File
                                               particular venue to be excessive, or                    to determine whether the proposed rule
                                                                                                                                                                Number SR–ISE–2018–15 and should be
                                               rebate opportunities available at other                 should be approved or disapproved.
                                                                                                                                                                submitted on or before March 20, 2018.
                                               venues to be more favorable. Because
                                                                                                       IV. Solicitation of Comments                               For the Commission, by the Division of
                                               competitors are free to modify their own
                                               fees in response, and because market                      Interested persons are invited to                      Trading and Markets, pursuant to delegated
                                               participants may readily adjust their                   submit written data, views, and                          authority.16
                                               order routing practices, the Exchange                   arguments concerning the foregoing,                      Eduardo A. Aleman,
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                                                                                                       including whether the proposed rule                      Assistant Secretary.
                                                  10 See Securities Exchange Act Release No. 79748
                                                                                                       change is consistent with the Act.                       [FR Doc. 2018–03888 Filed 2–26–18; 8:45 am]
                                               (January 6, 2017), 82 FR 3828 (January 12, 2017)        Comments may be submitted by any of
                                               (SR–NYSE–2016–93).                                                                                               BILLING CODE 8011–01–P
                                                  11 See ISE Rule 804(e).                              the following methods:
                                                  12 Nasdaq MRX, LLC has never offered a

                                               dedicated gateway option today.                           14 See   ISE Rule 804(e).
                                                  13 See note 9 above.                                   15 15   U.S.C. 78s(b)(3)(A)(ii).                         16 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-27 01:14:26
Document Modified: 2018-02-27 01:14:26
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 8554 

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