[Federal Register Volume 62, Number 20 (Thursday, January 30, 1997)] [Notices] [Pages 4553-4555] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-2257] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-38204; File No. SR-OPRA-97-1] Options Price Reporting Authority; Notice of Filing and Immediate Effectiveness of Amendment to OPRA Fee Schedule Revising the Device- Based Information Fees Payable by Professional Subscribers to OPRA's Basic Service and Implementing a New Enterprise Rate Professional Subscriber Fee as an Alternative to the Device-Based Fee January 24, 1997. Pursuant to Rule 11Aa3-2 under the Securities Exchange Act of 1934 (``Exchange Act''), notice is hereby given that on January 8, 1997, the Options Price Reporting Authority (``OPRA'') \1\ submitted to the Securities and Exchange Commission (``SEC'' or ``Commission'') an amendment to the Plan for Reporting of Consolidated Options Last Sale Reports and Quotation Information (``Plan''). The amendment revises the device-based information fees payable by professional subscribers to OPRA's basic service. Moreover, OPRA is establishing a new ``enterprise rate'' professional subscriber fee as an alternative to the device- based fee applicable to members of OPRA's [[Page 4554]] participant exchanges. OPRA has designated this proposal as establishing or changing a fee or other charge collected on behalf of all of the OPRA participants in connection with access to or use of OPRA facilities, permitting the proposal to become effective upon filing pursuant to Rule 11Aa3-2(c)(3)(i) under the Exchange Act. The Commission is publishing this notice to solicit comments from interested persons on the amendment. --------------------------------------------------------------------------- \1\ OPRA is a National Market System Plan approved by the Commission pursuant to Section 11A of the Exchange Act and Rule 11Aa3-2 thereunder. Securities Exchange Act Release No. 17638 (Mar. 18, 1981). The Plan provides for the collection and dissemination of last sale and quotation information on options that are traded on the five member exchanges. The five exchanges which agreed to the OPRA Plan are the American Stock Exchange (``AMEX''); the Chicago Board Options Exchange (``CBOE''); the New York Stock Exchange (``NYSE''); the Pacific Stock Exchange (``PSE''); and the Philadelphia Stock Exchange (``PHLX''). --------------------------------------------------------------------------- I. Description and Purpose of the Amendment The purpose of the amendment is to revise the fees payable to OPRA by professional subscribers for access to OPRA's basic service, which consists of market data and related information pertaining to equity and index options (``OPRA data'').\2\ Professional subscribers are those persons that subscribe to OPRA data and do not qualify for the reduced fees charged to nonprofessional subscribers. OPRA's professional subscriber fees were last revised in January 1996 pursuant to a Plan amendment that initially proposed a program of fee revisions to be implemented in stages over a four-year period.\3\ Subsequently, OPRA withdrew that filing and filed instead only the first stage of the fee revision program, with the understanding that the implementation of the remaining stages would be the subject of separate filings.\4\ --------------------------------------------------------------------------- \2\ Information pertaining to foreign currency options (FCOs) is provided through OPRA's FCO Service, which fees are not affected by this filing. \3\ See Securities Exchange Act Release No. 36364 (October 12, 1995), 60 FR 54093 (October 19, 1995). \4\ See Securities Exchange Act Release No. 36817 (February 7, 1996), 61 FR 5827 (February 14, 1996). --------------------------------------------------------------------------- As was the case with the first stage, this amendment is intended to increase OPRA revenues derived from device-based subscriber fees by less than 5% in order to permit a greater share of the costs of collecting, consolidating, processing and transmitting OPRA data to be covered by these fees, while at the same time continuing the process of simplifying the structure of the professional subscriber fee by reducing the number of pricing tiers for purposes of the volume discount in the per device fee. The proposed changes in the level of OPRA's device-based professional subscriber fees will reduce the fees paid by smaller subscribers and increase the fees paid by larger subscribers.\5\ Subscriber having less than four devices will see their per device fees reduced by $11 per month, while subscribers having from four to nine devices will see no change in their fees. On the other hand, per device fees for larger subscribers that do not elect the alternative enterprise rate described below will increase by amounts ranging from $.35 to $.60 for members of OPRA's participant exchanges, with somewhat higher increases for certain categories of non-members, as a result of the reduction in the number of non-member volume discount tiers from six to three. Moreover, subscriber fees charged to members will be discounted by 2% for members who preauthorize payment by electronic funds transfer through an automated clearinghouse system. --------------------------------------------------------------------------- \5\ The proposed tiers are as follows: (1) For 1-9 devices, members pay $23.00 per device, and non-members pay $24.00 per device; (2) for 10-29 devices, members pay $14.00 per device, and non-members pay $19.00 per device; (3) for 30-99 devices, members pay $11.00 per device, and non-members pay $19.00 per device; (4) for 100-749 devices; members pay $11.00 per device, and non-members pay $12.75 per device; and (5) for 750+ devices, members pay $9.00 per device, and non-members pay $12.75 per device. --------------------------------------------------------------------------- As an alternative to the traditional device-based subscriber fee, this amendment also proposes the adoption of a new ``enterprise rate'' subscriber fee, which will permit members of OPRA's participant exchanges to pay a flat monthly fee and thereby be authorized to access OPRA data on any number of devices at no additional cost. The enterprise rate is based on the number of registered representatives employed by the subscriber, and is $10 per month per registered representative in member firms having up to 20,000 registered representatives, and $7.50 per month per registered representative in member firms having more than 20,000 registered representatives. There is a minimum monthly fee of $2,000 for member firms electing the enterprise rate. OPRA believes the enterprise rate fee will be advantageous to a number of subscribers because it will lower their cost of access to OPRA data and eliminate the burden of keeping track of and reporting to OPRA the number of their devices, and also because it will give firms the flexibility to increase access to OPRA data without additional cost. Because the enterprise rate is based on a member firm's number of representatives registered with the National Association of Securities Dealers, Inc. (``NASD''), the rate is only applicable to member firm locations in the United States. Non-U.S. offices of member firms will continue to pay the device-based fee with respect to those offices, although at a volume discounted rate that takes into account all of their OPRA-enabled devices throughout the world, including those devices in the United States to which the enterprise rate fee may apply. OPRA is proposing these fee changes because, as a result of the implementation of systems and equipment upgrades and additions in order to increase the capacity and enhance the reliability and security of the OPRA system, the costs of collecting, processing, consolidating and disseminating OPRA data have continued to increase. OPRA anticipates continued escalation of these costs. OPRA states that the device-based fee increases provided for in the proposed amendment are intended to cover these costs. At the same time, by introducing the new enterprise rate subscriber fee, OPRA will be able to lower its costs of administration by eliminating the need to keep track of subscriber device counts, and will pass on a portion of these savings to enterprise rate subscribers in the form of lower overall costs of access. OPRA proposes to implement the new fee structure beginning on March 1, 1997. II. Solicitation of Comments Pursuant to Rule 11Aa3-2(c)(3), the amendment is effective upon filing with the Commission. The Commission may summarily abrogate the amendment within 60 days of its filing and require refiling and approval of the amendment by Commission order pursuant to Rule 11Aa3- 2(c)(2), if it appears to the Commission that such action is necessary or appropriate in the public interest; for the protection of investors and the maintenance of fair and orderly markets; to remove impediments to, and perfect the mechanisms of, a National Market System; or otherwise in furtherance of the purposes of the Exchange Act. Interested persons are invited to submit written data, views, and arguments concerning the foregoing. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, N.W., Washington, D.C. 20549. Copies of the submission, all subsequent amendments, and 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 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. Copies of the filing also will be available at the principal offices of OPRA. All [[Page 4555]] submissions should refer to file number SR-OPRA-97-1 and should be submitted by February 15, 1997. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. \6\ --------------------------------------------------------------------------- \6\ 17 CFR 200.30-3(a)(29). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 97-2257 Filed 1-29-97; 8:45 am] BILLING CODE 8010-01-M