[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Notices]
[Pages 41388-41389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16402]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-58143; File No. SR-ISE-2008-52]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Linkage Fees
July 11, 2008.
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 June 24, 2008, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission the proposed rule change as described in Items I, II, and
III below, which items have been prepared by the self-regulatory
organization. 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 ISE is proposing to extend through July 31, 2009 the current
pilot program regarding transaction fees charged for trades executed
through the intermarket options linkage (``Linkage''). The text of the
proposed rule change is available at the Exchange, the Commission's
Public Reference Room, and http://www.ise.com.
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 purpose of this proposed rule change is to extend for one year
the pilot program establishing ISE fees for Principal Orders (``P
Orders'') and Principal Acting as Agent Orders (``P/A Orders'') sent
through Linkage and executed on the ISE. The fees currently are
effective for a pilot period scheduled to expire on July 31, 2008.\3\
This filing would extend the pilot program for another year, through
July 31, 2009. The ISE fees affected by this filing are: The Linkage P
Order fee of $0.24 per contract; the Linkage P/A Order fee of $0.15 per
contract; a surcharge fee of between $0.05 and $0.15 for trading
certain licensed products; and a $0.03 comparison fee (collectively
``linkage fees'').\4\ These are the same fees that all ISE Members pay
for non-customer transactions executed on the Exchange.\5\ The ISE does
not charge for the execution of Satisfaction Orders sent through
Linkage and is not proposing to charge for such orders.
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\3\ See Securities Exchange Act Release No. 56128 (July 24,
2007), 72 FR 42161 (August 1, 2007) (SR-ISE-2007-55) (Notice of
Filing and Order Granting Accelerated Approval of Proposed Rule
Change Relating to Linkage Fees).
\4\ Pursuant to other pilot programs, certain linkage fees may
not apply during the Linkage pilot program.
\5\ The ISE charges these fees only to its Members, generally
firms who clear P Orders and P/A Orders for market makers on the
other linked exchanges.
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The Exchange believes it is appropriate to charge fees for P Orders
and P/A Orders executed through Linkage. Notably, while market makers
on competing exchanges always can match a better price on the ISE, they
never are obligated to send orders to the ISE through Linkage. However,
if such market makers do seek the ISE's liquidity, whether through
conventional orders or through the use of P Orders or P/A Orders, ISE
believes it is appropriate to charge its Members the same fees levied
on other non-customer orders. ISE appreciates that there has been
limited experience with Linkage and that the Commission is continuing
to study Linkage in general and the effect of fees on Linkage trading.
Thus, this filing would extend the status quo with Linkage fees for an
additional year. The Exchange is making no substantive changes to the
way the pilot is currently operating, other than to extend the date of
operation through July 31, 2009.
2. Statutory Basis
The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(4) that an exchange have an
equitable allocation of reasonable dues, fees and other charges among
its members and other persons using its facilities. As discussed above,
the ISE believes that this proposed rule change will equitably allocate
fees by having all non-customer users of ISE transaction services pay
the same fees. The Exchange believes that, if it were not to charge
Linkage fees, the Exchange's fee would not be equitable, in that ISE
Members would be subsidizing the trading of their competitors, all of
whom access the same trading services.
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 Act. Moreover, failing to adopt the proposed rule change would
impose a burden on competition by requiring ISE Members to subsidize
the trading of their competitors.
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
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 \6\ and Rule 19b-
4(f)(6) thereunder.\7\
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\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f)(6).
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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.
[[Page 41389]]
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 rule-comments@sec.gov. Please include
File Number SR-ISE-2008-52 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-2008-52. 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 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 available publicly. All submissions should refer to
File Number SR-ISE-2008-52 and should be submitted on or before August
8, 2008.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-16402 Filed 7-17-08; 8:45 am]
BILLING CODE 8010-01-P