[Federal Register Volume 63, Number 2 (Monday, January 5, 1998)]
[Notices]
[Pages 280-282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-46]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-39488; File No. SR-MSRB-97-11]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by the Municipal Securities 
Rulemaking Board Relating To Fee for Copies of Form G-37/G-38 in 
Computer CD-ROM Format

December 23, 1997.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''), 15 U.S.C. 78s(b)(1), notice is hereby given that on December 
16, 1997, the Municipal Securities Rulemaking Board (``Board'' or 
``MSRB'') filed with the Securities and Exchange Commission 
(``Commission'' or ``SEC'') a proposed rule change (File No. SR-MSRB-
97-11), to establish fees for copies of Form G-37/G-38 in computer CD-
ROM format. The proposed rule change is described in Items I, II, and 
III below, which Items have been prepared by the Board. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change form interested persons.

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Board is filing herewith a proposed rule change to establish a 
fee relating to the public dissemination, in computer CD-ROM format, of 
copies of Form G-37/G-38 submitted to the Board in each calendar 
quarter pursuant to

[[Page 281]]

rule G-37, on political contributions and prohibitions on municipal 
securities business, and rule G-38, on consultants. The Board is 
establishing a price of $10.00 (plus delivery or postage charges and 
any applicable sales tax) for each CD-ROM containing copies of Form G-
37/G-38 and a price of $11.50) plus delivery or postage charges and any 
applicable sales tax) for each such CD-ROM that is bundled with a CD-
ROM containing the software necessary to access and read the forms.

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 Board 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 
texts of these statements may be examined at the places specified in 
Item IV below. The Board has prepared summaries, set forth in Section 
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
    Rule G-37, on political contributions and prohibitions on municipal 
securities business, and rule G-38, on consultants, require brokers, 
dealers and municipal securities dealers (``dealers'') to send two 
copies of Form G-37/G-38 to the Board for each calendar quarter. The 
Board currently maintains one copy of each Form G-37/G-38 at its Public 
Access Facility in Alexandria, Virginia \1\, where it is available to 
the public for review and photocopying.\2\ The Board has previously 
stated its intention to seek to expand the access and services 
available to the public with respect to these forms.\3\ The Board has 
begun posting copies of Form G-37/G-38 sent to the Board in recent 
quarters on the Boards Internet Web site (http://www.msrb.org), where 
members of the public may download such forms to their computers for 
review and printing. The Board does not currently charge a fee for such 
access.
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    \1\ The Board's Public Access Facility is located at 1640 King 
Street, Suite 300, Alexandria, Virginia 22314. Documents may be 
viewed from 9:00 a.m. to 4:30 p.m.
    \2\ The second copy of Form G-37/G-38 is maintained off-site for 
back-up purposes.
    \3\ File No. SR-MSRB-94-4 at page 2.
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    In furtherance of the Board's stated intention of expanding access 
to Forms G-37/G-38, the Board will make Forms G-37/G-38 available to 
the public in computer CD-ROM format. The Board has successfully 
conducted testing with the writing of all second quarter 1997 and third 
quarter 1997 Forms G-37/G-38 received by the Board to computer CD-ROM 
in a format that will permit reading and printing using a commercially 
available document reader software program.\4\ The Board expects to 
produce one or more CD-ROMs each quarter containing all Forms G-37/G-38 
received from dealers for the preceding quarter.
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    \4\ The Board will be using Adobe Acrobat Reader, which 
currently is available free of charge on the Internet and available 
at a nominal cost on CD-ROM. The Board reserves the right to format 
its CD-ROM Form G-37/G-38 files for use with other software programs 
in the future.
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    The Board is establishing a price of $10.00 (plus delivery or 
postage charges and any applicable sales tax) for each CD-ROM 
containing copies of Form G-37/G-38 and a price of $11.50 (plus 
delivery or postage charges and any applicable sales tax) for each CD-
ROM that is bundled with a CD-ROM containing the software necessary to 
access and read the forms on a computer.\5\ The Board proposes to 
establish these CD-ROM fees to defray its cost of producing and 
disseminating the materials. This is consistent with the Commission's 
policy that self-regulatory organizations' fees be based on expenses 
incurred in providing information to the public. The Board believes 
that employing cost-based prices is in the public interest since it 
will ensure that a complete collection of vital information will be 
available at fair and reasonable prices, in furtherance of the 
objectives of rules G-37 and G-38.
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    \5\ Once a user acquires a copy of the document reader software 
program, either in a one-time purchase from the Board bundled with a 
Form G-37/G-38 CD-ROM or from other commercially available sources, 
such user would not need to make future purchases from the Board of 
the higher-priced bundled package.
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2. Basis
    The Board believes that the proposed rule change is consistent with 
Section 15B(b)(2)(C) of the Act, which requires, in pertinent part, 
that the Board's rules shall:

* * * be designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to 
foster cooperation and coordination with persons engaged in 
regulating, clearing, settling, processing information with respect 
to, and facilitating transactions in municipal securities, to remove 
impediments to and perfect the mechanism of a free and open market 
in municipal securities, and, in general, to protect investors and 
the public interest.

    The Board believes that making Forms G-37/G-38 more widely 
available to the public on computer CD-ROM format will further the 
purpose and intent of rules G-37 and G-38 to ensure that the high 
standards and integrity of the municipal securities industry are 
maintained, to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to perfect a free 
and open market and to protect investors and the public interest. The 
Board believes that the fees established for the CD-ROM materials are 
fair and reasonable in light of the costs associated with disseminating 
the information, and such materials will be available on reasonable and 
nondiscriminatory terms to any interested person.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Board does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act since the fees will apply 
equally to all persons.

C. Self-Regulatory Organization's Statement of 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

    The rule change is effective upon filing pursuant to Section 
91(b)(3)(A) of the Act because the proposal is ``establishing or 
changing a due, fee or other charge.'' At any time within sixty 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. 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, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the

[[Page 282]]

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. Copies of the filing 
will also be available for inspection and copying at the Board's 
principal offices. All submissions should refer to File No. SR-MSRB-97-
11 and should be submitted by January 26, 1998.

    For the Commission by the Division of Market Regulation, 
pursuant to delegated authority, 17 CFR 200.30-3(a)(12).
Jonathan G. Katz,
Secretary.
[FR Doc. 98-46 Filed 1-2-98; 8:45 am]
BILLING CODE 8010-01-M