[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Notices]
[Pages 63216-63217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21879]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-56725; File No. SR-Phlx-2007-82]
Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Amend the Market Access Provider Subsidy Section of the Exchange's Fee
Schedule
October 31, 2007.
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 October 23, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') 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
Phlx. 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 Phlx proposes to amend the Exchange's fee schedule to reflect a
Market Access Provider (``MAP'') Marketing Subsidy of $25,000.00 per
month for a maximum of three months.
The text of the proposed rule change is available at the Exchange,
the Commission's Public Reference Room, and http://www.Phlx.com/exchange/phlx-rule-fil.htm.
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 Phlx 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 Phlx 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 the proposed rule change is to provide marketing
incentives to Exchange member organizations, and to encourage
additional options order flow to the Exchange.
Market Access Provider
In August 2007, the Exchange amended its fee schedule to provide a
per contract subsidy (the ``Subsidy'') for certain Exchange members
known as MAPs.\3\ A MAP is an Exchange member organization that offers
to customers automated order routing systems and electronic market
access to U.S. options markets. The Exchange pays a per-contract MAP
Subsidy to any Exchange member organization that qualifies as a MAP (an
``Eligible MAP'') \4\ who elects to participate by submitting any
application(s) and/or form(s) required by the Exchange and complying
with other conditions.
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\3\ See Securities Exchange Act Release No. 56274 (August 16,
2007), 72 FR 48720 (August 24, 2007) (SR-Phlx-2007-54).
\4\ The term ``Eligible MAP'' is defined in current footnote
4(b) of the Market Access Provider Subsidy section of the Exchange's
fee schedule (the instant proposal would re-number that footnote to
5(b)).
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The Proposal
The proposal would provide an incentive for Eligible MAPs to market
the Exchange as a destination for orders routed by the MAP.
Specifically, the Exchange would pay a MAP Marketing Subsidy of
$25,000.00 per month, for a maximum of three months (totaling
$75,000.00), to Eligible MAPs, in addition to the current per-contract
Subsidy.
The MAP Marketing Subsidy is intended to be used by the Eligible
MAP to: (i) Promote the Subsidy program; (ii) provide technical
assistance and information to its customers on the equity options order
routing functionality that pertains to the Subsidy program; and (iii)
analyze the volume based usage of such order routing functionality by
the Eligible MAP and its customers, in each case with a view towards
the successful launch of the Eligible MAP's participation in the
Subsidy for Eligible MAPs.
The maximum aggregate Marketing Subsidy that an Eligible MAP would
be entitled to receive is $75,000 (i.e., 3 monthly payments). The
Exchange's obligation to pay this Marketing Subsidy will be conditioned
upon (a) execution by the Eligible MAP of an agreement to function as a
MAP with the Exchange and compliance in all respects with the
requirements specified therein, and (b) continued participation of the
Eligible MAP in the Subsidy program, including compliance in all
respects with the requirements of the program.
The Exchange believes that the MAP Marketing Subsidy should assist
MAPs in their marketing efforts to route order flow to the Exchange,
which should, in turn, encourage more options order flow to the
Exchange.
2. Statutory Basis
The Exchange believes that its proposal is consistent with section
6(b) of the Act \5\ in general, and furthers the objectives of section
6(b)(5) of the Act \6\ in particular, in that it is designed to promote
just and equitable principles of trade, 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
by enhancing the Exchange's competitive position by providing the MAP
Marketing Subsidy to Eligible MAPs and increasing order flow to the
Exchange.
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\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
[[Page 63217]]
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received from Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change has become effective upon filing
with the Commission pursuant to section 19(b)(3)(A)(ii) of the Act \7\
and Rule 19b-4(f)(2) thereunder,\8\ in that the proposed rule change
establishes or changes a member due, fee, or other charge imposed by
the self-regulatory organization. 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.
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\7\ 15 U.S.C. 78s(b)(3)(A)(ii).
\8\ 17 CFR 240.19b-4(f)(2).
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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 [email protected]. Please include
File Number SR-Phlx-2007-82 on the subject line.
Paper Comments:
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-Phlx-2007-82. 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 Phlx. 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-Phlx-2007-82 and should be
submitted on or before November 29, 2007.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-21879 Filed 11-7-07; 8:45 am]
BILLING CODE 8011-01-P