Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 14831 

12 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

4See Securities Exchange Act Release No. 36156 

(August 25, 1995), 60 FR 45756 (September 1, 1995) 

(SR–NYSE–95–22). The approval order of the initial 

filing and subsequent amendment by the 

Commission to changes to the Wireless Data 

Communications Initiatives has historically been 

referred to by the NYSE as the ‘‘Wireless Policy.’’ 

See also Securities Exchange Act Release No. 39379 

(December 1, 1997), 62 FR 64615 (December 8, 

1997) (SR–NYSE–97–17). 

5See SR–NYSEAmex–2009–02 (to be filed on 

March 23, 2009). 

including whether the proposed rule 

change, as amended, 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 e-mail to rulecomments@sec.gov. Please include File 

Number SR–NASDAQ–2009–030 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–NASDAQ–2009–030. This 

file number should be included on the 

subject line if e-mail 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 inspection and copying in 

the Commission’s Public Reference 

Section, 100 F Street, NE., Washington, 

DC 20549–1090 on official business 

days between the hours of 10 a.m. and 

3 p.m. Copies of the filing will also be 

available for inspection and copying at 

Nasdaq’s principal office and on its 

Internet Web site at www.nyse.com. 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–NASDAQ–2009–030 and 

should be submitted on or before 

April 22, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–7291 Filed 3–31–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59626; File No. SR–NYSE– 

2009–33] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Modifying the 

Wireless Data Communications 

Initiatives and Codifying the Wireless 

Policy 

March 25, 2009. 

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 20, 

2009, the New York Stock Exchange, 

LLC (‘‘NYSE’’ or the ‘‘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 NYSE. NYSE has 

submitted the proposed rule change 

pursuant to Rule 19b-4(f)(6) under the 

Act,3 which renders the proposal 

effective upon filing with the 

Commission. 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: (1) Modify 

its Wireless Data Communications 

Initiatives (referred to herein as the 

‘‘Wireless Policy’’) to eliminate the 

requirement that all orders or messages 

transmitted electronically from off the 

Floor must first be recorded in a Floor 

broker’s booth location on the Floor 

(‘‘Floor booth’’) before being transmitted 

to the Floor broker’s wireless hand-held 

device for representation and execution; 

(2) modify the Wireless Policy to 

eliminate the requirement that Floor 

booth locations print paper records of 

all orders; (3) modify the interpretation 

of NYSE Rule 117 as it applies to what 

constitutes a ‘‘written order’’; and (4) 

codify the Wireless Policy as amended 

herein. 

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 

self-regulatory organization 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 self-regulatory organization 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: (1) Modify 

its Wireless Data Communications 

Initiatives (referred to herein as the 

‘‘Wireless Policy’’) 4 to eliminate the 

requirement that all orders or messages 

transmitted electronically from off the 

Floor must first be recorded in a Floor 

broker’s booth location on the Floor 

(‘‘Floor booth’’) before being transmitted 

to the Floor broker’s wireless hand-held 

device for representation and execution; 

(2) modify the Wireless Policy to 

eliminate the requirement that Floor 

booth locations print paper records of 

all orders; (3) modify the interpretation 

of NYSE Rule 117 as it applies to what 

constitutes a ‘‘written order’’; and (4) 

codify the Wireless Policy as amended 

herein. 

The Exchange notes that parallel 

changes are proposed to be made to the 

rules of the NYSE Amex Exchange 

(formerly the American Stock 

Exchange).5

Background 

On August 25, 1995, the Commission 

approved the Exchange’s introduction of 

wireless data communications 

technology to the Floor. One feature of 

the wireless technology was the use of 

wireless hand-held data 

communications devices on the Floor. A 

wireless hand-held device (‘‘handVerDate Nov<24>2008 17:46 Mar 31, 2009 Jkt 217001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.SGM 01APN1
14832 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 

6See Securities Exchange Act Release No. 39379 

(December 1, 1997), 62 FR 64615 (December 8, 

1997) (SR–NYSE–97–17). The 1997 amendments 

also clarified that a vendor cannot provide wireless 

data communications services to Floor members 

unless such member is a member organization of 

the Exchange; and announced the forms of 

agreement and provisions pursuant to which the 

Exchange would allow vendors and member 

organizations to provide wireless data 

communications services to members on the Floor 

of the Exchange in the production roll-out 

environment. 

7See Securities Exchange Act Release No. 36156 

(August 25, 1995), 60 FR 45756 (September 1, 1995) 

(SR–NYSE–95–22) at Footnote 8. 

8 Id. at Footnote 9. 

9See Securities Exchange Act Release No. 43689 

(December 7, 2000), 65 FR 79145 (December 18, 

2000) (SR–NYSE–98–25). 

10Additionally, the NYSE has adopted NYSE 

Rule 132A (Synchronization of Member Business 

Clocks) and NYSE 132B (Order Tracking 

Requirements). These rules require that members 

and member organizations create and maintain 

electronic records of orders originated, received, 

and transmitted to a market center for execution. 

These Rules, in conjunction with the amendments 

to NYSE Rule 123 which requires system entry on 

the Floor, create an electronic record of orders, 

transmittals, and executions. 

11 In 2007, the NYSE amended NYSE Rule 54 and 

other rules to permit appropriately registered and 

supervised employees working in Exchange 

Regulation-approved booths to process orders sent 

to the booth in the same manner that sales traders 

in an ‘‘upstairs’’ office are allowed to process 

orders. See Securities Exchange Act Release No. 

55908 (June 14, 2007), 72 FR 34056 (June 20, 2007) 

(SR–NYSE–07–51). See also Exchange Information 

Memo 07–77. This amendment to the Wireless 

Policy would not impact those rules because the 

direct transmittal of an order from off the Floor to 

the handheld would constitute a determination to 

have the order represented and executed on the 

NYSE Floor, and not processed in the booth in the 

same manner as an ‘‘upstairs’’ trading desk. 

held’’) is a tool used by NYSE Floor 

brokers as part of an integrated Floor 

order management system to trade and 

to send and receive messages. Such 

messages can consist of the price, size 

and time of the orders as well as 

cancellations and modification of orders 

from the hand-held to the Floor booth 

and thereafter to locations off the Floor. 

The Exchange developed and installed a 

wireless data communications 

infrastructure on its Floor and provided 

its Floor brokers with hand-helds. The 

Exchange also allowed private vendors 

to offer hand-helds, with any needed 

support infrastructure, to be used by 

Floor brokers. 

The Wireless Policy was implemented 

in four phases in order to adequately 

install and test the viability of the 

wireless data communication 

infrastructure and connections to 

private vendor hand-helds. 

By December 1997, the Exchange had 

completed the second phase of the 

implementation of the Wireless Policy, 

namely the supervision of additional 

pilot testing of independent wireless 

data communication services, including 

the services offered by the Exchange. 

After entering the next phase, the 

Exchange amended the Wireless Policy 

to, inter alia, modify the types of 

wireless data communications that the 

Exchange would permit over the 

infrastructure by allowing 

communications between two handhelds on the Floor.6

The purpose of the 1997 amendments 

was to permit communication between 

two hand-helds on the Floor, thereby 

eliminating the first step of routing all 

such communications to the Floor 

booth. These amendments expedited the 

transmittal and receipt of orders and to 

allow for more efficient processing of 

orders and dissemination of 

information. 

NYSE Rule 117 and the Wireless Policy 

NYSE Rule 117 (‘‘Orders of Members 

to be in Writing’’) states that no member 

on the Floor shall make any bid, offer 

or transaction for or on behalf of another 

member except pursuant to a written or 

electronically recorded order. 

Pursuant to the Wireless Policy, the 

Exchange interpreted NYSE Rule 117 to 

mean that an order sent to an Exchange 

Floor member by an authorized handheld constituted a ‘‘written order’’ for 

the purposes of NYSE Rule 117 if the 

member could show that the 

transmission of the order: (1) Provided 

adequate information relating to the 

price, size and time of the order, the 

cancellation of the order and any other 

relevant order information; (2) satisfied 

the Exchange’s audit trail requirements; 

and (3) satisfied all other Exchange 

reporting and record-keeping 

requirements. 

Furthermore, the Wireless Policy 

provided that all orders entered from off 

the Floor were required to be 

transmitted to a Floor broker’s booth 

terminal prior to transmission to the 

Floor broker’s hand-held.7 In addition, 

the Wireless Policy required Floor 

brokers to create and maintain a paper 

record at the booth to supplement the 

electronic record of an order transmitted 

from an off-Floor location to a booth 

terminal and, from the booth to a Floor 

broker’s hand-held.8

Since the implementation of the 

Wireless Policy in 1995 and its 

subsequent amendment, the Exchange 

has made significant technological 

developments to the operation of its 

market. The Exchange has evolved into 

a more electronic market and the 

NYSE’s trading systems have been 

continuously upgraded to provide for 

greater speed and efficiency in 

processing orders and reports through 

the hand-held. 

The current electronic trading 

environment on the Floor has obviated 

the necessity for paper orders, as well as 

the need to electronically route all 

messages through the booth as an 

intermediate step between the Floor 

broker’s hand-held and the message’s 

points of origin and destination. In 

particular, the NYSE’s systems have 

evolved significantly since the Wireless 

Policy was first approved, and are now 

capable of capturing all order 

information, including price, size and 

time, electronically, thereby rendering 

paper records unnecessary. In 

recognition of this, subsequent to the 

implementation of the Wireless policy, 

the Exchange amended NYSE Rule 123 

(Record of Orders) to add sections (e) 

(System Entry Required) and (f) (Reports 

of Order Executions).9 These 

amendments required the entry of order 

information and execution reports into 

an electronic system on the Floor. All 

NYSE broker trading systems operate to 

create an electronic order trail, making 

the creation of a supplemental paper 

audit trail obsolete.10

Proposed Modifications to the Wireless 

Policy and Interpretation of NYSE Rule 

117 

The Exchange now proposes to amend 

the Wireless Policy and the 

interpretation of NYSE Rule 117, to 

provide that wireless communications 

can be sent and received directly to and 

from the hand-held. For example, orders 

entered from off the Floor may be 

transmitted directly to a hand-held, 

bypassing the booth.11 Likewise, Floor 

brokers may send order-related 

messages (e.g., cancellations and 

administrative messages) and 

information (e.g., Market Look data) 

back to the customer directly through 

the hand-held. The Exchange seeks to 

modify its Wireless Policy to eliminate 

the requirement that orders be routed to 

the booth terminal before being received 

by the hand-held. Order-related 

messages or information sent from the 

hand-held would also not be routed to 

the booth terminal before being 

transmitted off-Floor. Pursuant to the 

instant proposal, orders and orderrelated messages or information may be 

sent directly to and received by the 

hand-held. These proposed 

amendments to the Wireless Policy do 

not change the content of what is sent 

currently to and from the hand-helds 

but simply amends the procedure for 

transmitting such information to and 

from the hand-held. 

Pursuant to the proposed new 

Wireless Policy, where: (1) Orders are 

transmitted electronically from a 

member’s off-Floor location to a booth 

Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 14833 

12 15 U.S.C. 78f (b)(5). 

13 15 U.S.C. 78s(b)(3)(A). 

14 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. NYSE has satisfied this requirement. 

15 17 CFR 240.19b–4(f)(6). 

16 17 CFR 240.19b–4(f)(6). 

terminal and then the order is 

retransmitted from the booth terminal to 

a member’s hand-held; or (2) orderrelated messages or information are 

transmitted directly to the hand-held, 

bypassing the booth, a record must be 

established and maintained which 

reflects the time the order or orderrelated message or information was 

received by the booth terminal or the 

hand-held. The time of receipt will be 

captured by the Booth or the hand-held, 

depending upon where the order was 

routed. The record of time of receipt by 

a hand-held and [sic] will be established 

and maintained by such device or the 

Booth and by the server which receives 

a message acknowledgment from the 

hand-held or the Booth. The Booth will 

not be required to print records. 

Orders sent from off-Floor to the 

booth or the hand-held are first sent 

through a secured network and routed 

to an NYSE wired database that captures 

and records the orders. Likewise, order 

related messages or information 

generated from the Floor broker’s booth 

or hand-helds are transmitted back to 

the Exchange-wired databases via the 

secured wireless network, where the 

information is captured and recorded, 

and then sent off-Floor to the customer 

via the Exchanges secured network. In 

short, Exchange wired databases capture 

and record all of the information sent to 

and transmitted from the hand-held. 

The Exchange notes that the 

transmission of orders from off-Floor 

locations directly to the hand-helds and 

order-related messages or information 

sent from hand-helds to off-Floor 

locations will not result in an increased 

risk of loss of order information. As is 

the case today, all orders and orderrelated messages or information will be 

recorded in an Exchange database upon 

receipt and prior to delivery to the 

hand-held. In the event that a hand-held 

loses connectivity with the database, all 

incoming and outgoing transactions will 

continue to be captured and stored in 

said database and will be re-transmitted 

to the hand-held once connectivity is 

restored. To further mitigate the risk of 

any loss of data, the NYSE infrastructure 

offers a fully redundant, dual-sited 

back-up database. This same 

infrastructure is currently in place today 

for orders received into NYSE systems 

destined for a booth. Therefore, all the 

information captured by the database is 

the identical information that would be 

captured had the order been sent to the 

Floor booth before being sent to the 

hand-held or the order-related message 

or information had been sent from the 

hand-held to the Floor booth. The 

informational content transmitted to 

and from the hand-held remains the 

same and is not affected by these 

proposed amendments. 

Furthermore, this change will not 

impact the requirements for the system 

entry of orders and execution reports 

under NYSE Rules 123(e) and (f). All 

order, order messages and report 

information captured by the database 

will be provided electronically in the 

same manner as orders transmitted 

directly to a booth today for audit trail 

purposes. The wireless infrastructure 

captures the same information that was 

previously captured in the Floor booth. 

The hand-held will operate as the 

functional equivalent as the Floor booth 

premise for order receipt and retention 

purposes. 

Removing the requirement that orders 

be transmitted to the Floor booth will 

not affect the adequacy of information 

that is required to be provided through 

the hand-held. In fact, the hand-held 

will continue to provide the requisite 

information as to price, size and time of 

the order, and information if the order 

is cancelled. Audit trail information will 

be captured electronically by the handheld, thereby obviating the need for the 

transmission to the booth terminal 

which historically recorded this 

information. 

NYSE Rule 117 will now be 

interpreted to recognize any order 

transmitted directly to the hand-held to 

constitute a written order since the 

requisite information as to price, size 

and time of the order, and information 

if the order is cancelled will be captured 

by the hand-held. Furthermore, the 

information directly sent to the handheld satisfies the Exchange’s audit trail 

requirements and all other Exchange 

reporting and record-keeping 

requirements. 

The Exchange believes that this 

proposal will provide for a more 

efficient and expeditious mechanism for 

order execution. The Exchange further 

believes that its customers and market 

participants will benefit from faster 

order execution, enhanced market 

quality and a reduction in latency of 

order executions as a result of this 

proposal. 

2. Statutory Basis 

The basis under the Act for the 

proposed rule change is the requirement 

under Section 6(b)(5),12 which requires 

that an exchange have rules that are 

designed to foster cooperation and 

coordination with persons engaged in 

regulating, clearing, settling, processing 

information with respect to, and 

facilitating transactions in securities, 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. The proposed rule 

change is consistent with these 

objectives in that it enables the 

Exchange to further facilitate 

transactions on the NYSE Trading Floor 

by eliminating the requirements that 

orders entered from off the Floor require 

transmission to a Floor booth before 

being transmitted to the hand-held for 

representation and execution or that 

order-related messages or information 

from the hand-held be transmitted to a 

Floor booth before being transmitted offFloor. The elimination of this routing 

through the Floor booth terminal 

removes an impediment to the order 

execution system and provides for a 

faster, more efficient method of order 

execution. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will result in 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

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 from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 13 and Rule 19b4(f)(6) thereunder.14

A proposed rule change filed 

pursuant to Rule 19b–4(f)(6) under the 

Act 15 normally does not become 

operative for 30 days after the date of its 

filing. However, Rule 19b–4(f)(6) 16

permits the Commission to designate a 

shorter time if such action is consistent 

14834 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 

17For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 18 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

with the protection of investors and the 

public interest. NYSE requests that the 

Commission waive the 30-day operative 

delay in order to immediately remove 

an impediment to the efficient 

execution of customer orders and 

transmission of order-related messages 

or information. The Exchange believes 

that it promotes the protection of 

investors and serves the public interest 

to have its systems allow for the 

delivery of customer orders to the point 

of sale and order-related messages or 

information back to the customer 

immediately now that hand-held 

technology is capable of meeting all 

audit trail requirements. The 

Commission notes the Exchange’s 

representation that the proposed 

changes to the Wireless Policy do not 

change the content of what is sent to 

and from the hand-helds, but simply 

amends the procedure for transmitting 

such information. In addition, the 

Commission notes the Exchange’s 

representation with regard to the ability 

of Exchange systems to capture and 

record all information sent to and 

transmitted from the handhelds. For 

these reasons, the Commission believes 

that waiving the 30-day operative 

delay 17 is consistent with the protection 

of investors and the public interest. 

Therefore, the Commission designates 

the proposal operative upon filing. 

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

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. 

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 e-mail to rulecomments@sec.gov. Please include File 

Number SR–NYSE–2009–33 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–NYSE–2009–33. This file 

number should be included on the 

subject line if e-mail 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 inspection and copying 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 such 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 publicly available. All 

submissions should refer to File 

Number SR–NYSE–2009–33 and should 

be submitted on or before April 22, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.18

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–7214 Filed 3–31–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59627; File No. SR– 

NYSEAmex–2009–02] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NYSE 

Amex LLC Formally Adopting and 

Codifying Its Wireless Data 

Communications Initiatives 

March 25, 2009. 

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 23, 

2009, NYSE Amex US LLC (the 

‘‘Exchange’’ or ‘‘NYSE Amex’’) 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 NYSE Amex. NYSE 

Amex has submitted the proposed rule 

change pursuant to Rule 19b–4(f)(6) 

under the Act,3 which renders the 

proposal effective upon filing with the 

Commission. 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 formally 

adopt and codify its Wireless Data 

Communications Initiatives (referred to 

herein as the ‘‘Wireless Policy’’). 

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 

self-regulatory organization 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 self-regulatory organization has 

prepared summaries, set forth in 

sections (A), (B) and (C) below, of the 

most significant aspects of such 

statements.