[Federal Register Volume 69, Number 245 (Wednesday, December 22, 2004)]
[Notices]
[Pages 76806-76807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27937]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-50844; File No. SR-NYSE-2004-53]


Self Regulatory Organizations; New York Stock Exchange, Inc.; 
Order Granting Approval to Proposed Rule Change and Amendment Nos. 1 
and 2 Relating to a Fee for the NYSE Alerts Datafeed

December 13, 2004.
    On September 17, 2004, the New York Stock Exchange, Inc. (``NYSE'' 
or ``Exchange'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to establish a fee of $500 per month for a

[[Page 76807]]

customer's receipt of the NYSE Alerts datafeed. On October 15, 2004, 
the NYSE filed Amendment No. 1 to the proposed rule change.\3\ On 
October 28, 2004, the NYSE filed Amendment No. 2 to the proposed rule 
change.\4\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See letter from Mary Yeager, Assistant Secretary, NYSE, to 
Nancy Sanow, Assistant Director, Division of Market Regulation 
(``Division''), Commission, dated October 14, 2004 (``Amendment No. 
1'').
    \4\ See letter from Mary Yeager, Assistant Secretary, NYSE to 
Nancy Sanow, Assistant Director, Division, Commission, dated October 
27, 2004 (``Amendment No. 2'').
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    The proposed rule change, as amended, was published for comment in 
the Federal Register on November 12, 2004.\5\ The Commission received 
no comments on the amended proposal.
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    \5\ See Securities Exchange Act Release No. 50639 (November 5, 
2004), 69 FR 65488.
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    The Commission finds that the proposed rule change, as amended, is 
consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities exchange \6\ 
and, in particular, the requirements of Section 6 of the Act \7\ and 
the rules and regulations thereunder. The Commission finds specifically 
that the proposed rule change, as amended, is consistent with Section 
6(b)(4) of the Act \8\ in that it is designed to provide for the 
equitable allocation of reasonable dues, fees, and other charges among 
the Exchange's members and other persons using its facilities.
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    \6\ In aproving this proposed rule change, as amended, the 
Commission has considered the proposed rule's impact on efficiency, 
competition, and capital formation. 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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    The Commission notes that the NYSE is amending its fee schedule to 
incorporate a $500 fee for its NYSE Alerts datafeed, which will provide 
real-time information relating to MOC Market Imbalances, Delayed 
Openings/Trading Halts, ITS Pre-Opening Indications/Trading Range 
Indications, Trading Collar Messages, and Circuit Breaker Messages. The 
Commission further notes that the information that would be included in 
the NYSE Alerts datafeed is currently available and would continue to 
be available to the public through the Consolidated Tape Association 
network and through various news services. Vendors and investors who 
choose to subscribe to NYSE Alerts would be paying for the convenience 
of having this currently available public information repackaged into a 
single datafeed. The Commission therefore believes that the proposed 
fee is reasonable and finds that the proposed rule change, as amended, 
is consistent with the Act.
    It is therefore ordered, pursuant to Section 19(b)(s) of the Act 
\9\, that the proposed rule change (File No. SR-NYSE-2004-53), as 
amended, be, and it hereby is, approved.
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    \9\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 04-27937 Filed 12-21-04; 8:45 am]
BILLING CODE 8010-01-M