16288 Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Notices 

6 15 U.S.C. 78f(b). 

7 15 U.S.C. 78f(b)(4). 

8 15 U.S.C. 78s(b)(3)(A)(ii). 

9 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

Act 6 in general, and furthers the 

objectives of Section 6(b)(4) of the Act 7

in particular, in that it is an equitable 

allocation of reasonable dues, fees and 

other charges among Exchange members 

and other persons using its facilities. 

The Exchange believes that the proposal 

does not constitute an inequitable 

allocation of fees, as all similarly 

situated Members will be subject to the 

same fee structure, and access to the 

Exchange’s market is offered on fair and 

non-discriminatory terms. In other 

words, the proposed rule change will 

treat similarly situated Members in the 

same manner by allocating the same 

quoting allowance to all Members. The 

Exchange further believes that its 

proposal to lower the quote allowance 

per each login is both equitable and 

reasonable as it will help the Exchange 

manage quote message traffic. The 

Exchange believes that Market Makers 

are generally quoting more efficiently on 

the Optimise trading platform and does 

not believe that lowering the quoting 

allowance will impact Market Makers 

adversely from conducting their activity 

on the Exchange. Further, the 

Exchange’s proposal does not preclude 

Members from obtaining additional 

logins if they have a need beyond the 

quoting allowance allocated per each 

login. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

impose any burden on competition that 

is not necessary or appropriate in 

furtherance of the purposes of the 

Exchange Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any 

unsolicited written comments from 

members or other interested parties. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Exchange Act.8 At 

any time within 60 days of the filing of 

such 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 Exchange Act. If the 

Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

should be approved or disapproved. 

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 Exchange 

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 rulecomments@sec.gov. Please include File 

Number SR–ISE–2012–12 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–ISE–2012–12. This file 

number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street, NE., 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of the filing also 

will be available for inspection and 

copying at the principal office of the 

Exchange. All comments received will 

be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–ISE– 

2012–12 and should be submitted on or 

before April 10, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–6615 Filed 3–19–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66592; File No. SR–BX– 

2012–018] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Eliminate 

the 100MB Connectivity Option and 

Fee 

March 14, 2012. 

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 March 6, 

2012, NASDAQ OMX BX, Inc. (‘‘BX’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to eliminate 

100MB connectivity between the 

Exchange and co-located servers, as well 

as associated fees, as set forth in 

Exchange Rule 7034(b). The Exchange 

will implement the proposed change on 

April 1, 2012. The text of the proposed 

rule change is available at http:// 

nasdaqomxbx.cchwallstreet.com/, at the 

Exchange’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 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Notices 16289 

3All co-location services are provided by 

NASDAQ Technology Services LLC and pursuant to 

agreements with the owner/operator of its data 

center. 

4See Exchange Rule 7034(b), Connectivity to 

Nasdaq. 

5The 100MB option that is being eliminated— 

which is used to connect co-located servers to the 

Exchange—should be contrasted with a recently 

introduced option for customers to establish 100MB 

connections between their co-located servers and 

select external locations. These external 

connections are generally combined with other 

bandwidth options and are not utilized to transmit 

the same volume of data as the 100MB connection 

between co-located services and the Exchange. For 

this reason, the Exchange believes that the same 

latency and data loss considerations that are 

prompting it to eliminate the 100MB connection to 

the Exchange do not apply to the 100MB 

connection to external locations. 

6See SR–BX–2012–012 (submitted March 2, 

2012). The Exchange is not proposing to waive fees 

for migrating to 1GB connectivity, since the 

Exchange is concerned that this bandwidth level 

will prove inadequate for most members in the near 

future. Accordingly, rather than creating a scenario 

in which customers face repeated concerns about 

the adequacy of their bandwidth, the Exchange 

believes that it is reasonable to use the fee waiver 

to encourage customers to move to connectivity 

options that are likely to be adequate for a more 

extended period. 

7 15 U.S.C. 78f. 

8 15 U.S.C. 78f(b)(5). 

9See, supra note 6. 10See http://www.nyse.com/pdfs/ 

NYSEArca_Equities_Fees.pdf, page 13, for NYSE 

Equities, Inc. Fee Schedule where the bandwidth 

starts at 1Gb. See also http://www.ise.com/assets/ 

documents/OptionsExchange/legal/fee/ 

fee_schedule.pdf, page 9, for the International 

Securities Exchange Fee Schedule where the 

bandwidth also starts at 1Gb. 

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 modify 

Rule 7034(b) to eliminate 100MB 

connectivity between the Exchange and 

co-located servers, as well as associated 

fees.3 The Exchange currently offers 

each co-located customer one 100MB 

connection to the Exchange at no 

charge; additional connections are 

available for a $50 one-time installation 

fee and a monthly fee of $100.4 Due to 

the continuous growth of the size of 

consolidated and proprietary market 

data feeds, use of 100MB connectivity to 

the Exchange may result in high data 

transmission latencies, a loss of data 

packets, and a reduction in client 

service satisfaction. As a result, the 

Exchange proposes to eliminate the 

100MB connection option to the 

Exchange. The proposal to eliminate the 

100MB connection option will eliminate 

potential latencies and loss of data that 

could occur with lower bandwidths, 

issues that are potentially damaging to 

investors.5

Currently, there are three co-located 

customers that utilize 100MB 

connectivity to the Exchange. All three 

customers also have larger bandwidth 

connections to the Exchange. While 

these customers will need to assess the 

adequacy of their bandwidth and may 

need to make adjustments, the Exchange 

strongly believes that these changes will 

be beneficial to these customers because 

they will decrease the risk of latency 

and data loss. In addition, as the 

number of customers making use of 

100MB connectivity to the Exchange 

dwindles, maintaining the option would 

require the Exchange to impose 

associated fixed costs on a smaller 

customer base, or upon customers that 

are not themselves using this legacy 

connectivity option. The Exchange 

believes that it is reasonable and 

equitable to avoid this result by 

eliminating the option and helping 

customers migrate to more suitable 

connections. 

To provide all affected customers 

sufficient time to [sic] from their 100MB 

connections to larger bandwidths, the 

Exchange has proposed (in a separate 

filing) to waive installation fees for 

10Gb and 40Gb connectivity until May 

31, 2012.6

The Exchange also proposes to 

eliminate the word ‘‘additional’’ from 

the fee schedule in several instances to 

reflect the elimination of the 100MB 

connection that was previously offered 

at no charge. 

2. Statutory Basis 

The Exchange believes the proposal is 

consistent with the provisions of 

Section 6 of the Act 7 in general, and 

with the objectives of Section 6(b)(5) of 

the Act 8 in particular, in that it is 

designed 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 customers, 

issuers, brokers and dealers. 

Removes Impediments and Perfects 

Mechanism of a Free and Open Market 

The Exchange’s proposal is designed 

to eliminate data transmission latencies 

and loss of data risks that are associated 

with 100MB connectivity, and thereby 

provide a more efficient mechanism for 

trading. Since the migration to a higher 

bandwidth option will reduce the 

potential disruption and consequently 

provide greater efficiency of trading in 

the marketplace, the effects of this 

proposal will remove impediments to 

and perfect the mechanism of a free and 

open market and a national market 

system, which in turn will protect 

investors and the public interest. 

Not Unfairly Discriminatory 

The proposal to eliminate the 100MB 

connectivity option applies to all 

Exchange members that have 

voluntarily elected this service option. 

Currently, there are three co-located 

customers that utilize 100MB 

connectivity to the Exchange. All three 

clients also have larger bandwidth 

connections to the Exchange. While 

these customers will need to assess the 

adequacy of their bandwidth and may 

need to make adjustments, the Exchange 

strongly believes that these changes will 

be beneficial to these customers because 

they will decrease the risk of latency 

and data loss. In addition, as the 

number of customers making use of 

100MB connectivity to the Exchange 

dwindles, maintaining the option would 

require the Exchange to impose 

associated fixed costs on a smaller 

customer base, or upon customers that 

are not themselves using this legacy 

connectivity option. 

To assist co-located customers with 

migration to larger bandwidths, the 

Exchange has proposed (in a separate 

filing) to waive installation fees for 

10Gb and 40Gb connectivity until May 

31, 2012.9 Given the ever-increasing size 

of market data, the Exchange decided to 

apply the waiver of installation fees 

only to the 10Gb and 40Gb connection 

instead of offering the waiver for the 

next available bandwidth, the 1Gb 

connection. This will provide the 

clients the opportunity to migrate to a 

bandwidth that will more efficiently 

sustain the client’s business needs over 

a longer period of time. The co-located 

customers that currently have the 

100MB connectivity to the Exchange 

have until March 31, 2012 to migrate 

from the 100MB connection to a larger 

bandwidth. Furthermore, eliminating 

the 100MB connectivity to the Exchange 

is consistent with the connections 

offered by other exchanges,10 and the 

Exchange does not believe that it would 

be unfairly discriminatory to eliminate 

a connectivity option that is not 

routinely offered by other exchanges. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will result in 


srobinson on DSK4SPTVN1PROD with NOTICES
16290 Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Notices 

11 15 U.S.C. 78s(b)(3)(A). 

12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

the Commission written notice of its intent to file 

the proposed rule change at least five business days 

prior to the date of filing of the proposed rule 

change, or such shorter time as designated by the 

Commission. The Exchange has satisfied this 

requirement. 

13 17 CFR 240.19b–4(f)(6)(iii). 

14For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule change’s impact on efficiency, 

competition, and capital formation. 15 U.S.C. 78c(f). 

15 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3The proposed rule change is substantially 

similar in all material respects to Financial Industry 

Regulatory Authority, Inc. (‘‘FINRA’’) Rule 3230 

(Telemarketing), which the Commission recently 

approved. See Securities Exchange Act Release No. 

66279 (Jan. 30, 2012), 77 FR 5611 (Feb. 3, 2012) 

(SR–FINRA–2011–59) (approval order of proposed 

rule change to adopt telemarketing rule). The 

proposed rule change amends the name of Rule 626 

from Telephone Solicitation to Telemarketing. 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

Specifically, the Exchange believes that 

eliminating the 100MB connectivity 

service option will not burden 

competition since the 100MB 

connectivity option is not routinely 

offered by other exchanges. In fact, 

requiring the Exchange to continue to 

offer this option would unfairly burden 

competition by requiring it to incur 

costs that are not typically incurred by 

any of its competitors. 

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 

Because the foregoing proposed rule 

change does not: (i) Significantly affect 

the protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days after the date of 

the filing, or such shorter time as the 

Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 11 and Rule 19b– 

4(f)(6) 12 thereunder. 

The Exchange has asked that the 

Commission waive the 30-day preoperative waiting period contained in 

Rule 19b–4(f)(6)(iii).13 The Exchange 

represents that investors and the public 

interest are best served by waiving the 

pre-operative delay to minimize 

potential risks of market disruption 

associated with the use of lower 

bandwidth at a time of increasing data 

traffic. For these reasons, the 

Commission believes it is consistent 

with the protection of investors and the 

public interest to waive the 30-day 

operative delay, and hereby grants such 

waiver.14

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. 

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 rulecomments@sec.gov. Please include File 

Number SR–BX–2012–018 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–BX–2012–018. This file 

number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE., 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of the filing also 

will be available for inspection and 

copying at the principal office of the 

Exchange. All comments received will 

be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–BX– 

2012–018 and should be submitted on 

or before April 10, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–6617 Filed 3–19–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66595; File No. SR–ISE– 

2012–11] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of a Proposed Rule 

Change Relating to Telemarketing 

Rules 

March 14, 2012. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on February 

28, 2012, the International Securities 

Exchange, LLC (the ‘‘Exchange’’ or the 

‘‘ISE’’) 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 substantially prepared by the 

Exchange. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend ISE 

Rule 626 (Telephone Solicitation) to 

revise and add provisions that are 

substantially similar to Federal Trade 

Commission (‘‘FTC’’) rules that prohibit 

deceptive and other abusive 

telemarketing acts or practices.3 The 

text of the proposed rule change is 

available on the Exchange’s Web site at 

http://www.ise.com, at the principal 


srobinson on DSK4SPTVN1PROD with NOTICES