[Federal Register Volume 63, Number 247 (Thursday, December 24, 1998)] [Notices] [Pages 71325-71326] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-34128] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-40806; File No. SR-PCX-98-58] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the Pacific Exchange, Inc. to Terminate its Specialist Post Fee Waiver Program December 18, 1998. 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 November 23, 1998, as amended on December 15, 1998,\3\ the Pacific Exchange, Inc. (``PCX'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'' or ``SEC'') the proposed rule change as described in Items I, II and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ See Letter from Robert Pacileo, Staff Attorney, Regulatory Policy, PCX, to Richard Strasser, Assistant Director, Division of Market Regulation, Commission, dated December 14, 1998 (``Amendment No. 1''). Amendment No. 1 changed the PCX's justification for the proposed rule change's immediate effectiveness, and clarified the date PCX approved the proposal internally. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange is proposing to terminate its Specialist Post Fee Waiver Program. [[Page 71326]] 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 Exchange 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 Exchange 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 In March 1998, the Commission approved a proposal by the Exchange to adopt a Specialist Post Fee Waiver Program (the ``Program'') to provide short-term cost relief to new specialist firms that agreed to operate a specialist post, and to existing specialist firms that agreed to operate an additional specialist post on the Equity Floors of the Exchange.\4\ Under the Program, if a specialist firm is approved to assume financial and operational responsibility for a specialist post, the specialist firm's fixed specialist fees are waived for three months.\5\ The program also allows participating specialist firms to earn fee credits, based on monthly trading volume, once the original three months have passed and the firm's fixed specialist fees have been reinstated. --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 39745 (March 12, 1998), 63 FR 13440 (March 19, 1998). \5\ The specialist fees that are waived under the program include: Exchange Member Dues, the Floor Privilege Fee, the Specialist Facility Fee, the Specialist Systems Fee, Workstation Fees, the Market Data Fee, the Card Access Fee, the Pacific Clearing Corporation (``PCC'') Post Cashiering Fee and the PCC Post Clearing Fee. Some of the fees waived will vary based on the number of staff the firm has on the Floor and the services the firm uses. Consequently, the actual dollar amount of waived fees will vary slightly by firm. Generally, waived fees will average $7,330 per month. --------------------------------------------------------------------------- In October 1998, the Commission approved a proposal by the Exchange to modify the Specialist Post Fee Waiver Program to assure that firms will not take on a new post for less than six months and then abandon it after having received the Program benefits.\6\ --------------------------------------------------------------------------- \6\ See Securities Exchange Act Release No. 40590 (October 22, 1998), 63 FR 58082 (October 29, 1998). --------------------------------------------------------------------------- The Exchange believes the Specialist Post Fee Waiver Program has fulfilled its purpose and, accordingly, the Exchange is now proposing that it be terminated. The program was intended to provide short-term relief to new backers in a period of major industry change.\7\ A decrease in seat prices and stronger demand for recently available posts indicates there is less of a need for the Exchange to provide a financial incentive to back posts. In addition, the PCX has recently implemented guidelines for approving requests to consolidate specialist posts. Firms that consolidate specialist posts are able to reduce seat- related costs.\8\ --------------------------------------------------------------------------- \7\ Those posts already approved under the Specialist Post Fee Waiver program will continue to participate in the waiver program until their six-month participation period has ended. \8\ See Securities Exchange Act Release No. 40449 (September 17, 1998), 63 FR 51110 (September 24, 1998). --------------------------------------------------------------------------- (2) Basis The Exchange believes the proposed rule change is consistent with Section 6(b) of the Act,\9\ in general, and furthers the objectives of Section 6(b)(5),\10\ in particular, in that it is designed to promote just and equitable principles of trade and to protect investors and the public interest. The Exchange also believes that the proposal is consistent with Section 6(b)(4) of the Act \11\ in that it is designed to provide for the equitable allocation of dues, fees and other charges among its members. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78f(b). \10\ 15 U.S.C. 78f(b)(5). \11\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- 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. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change is effective upon filing pursuant to Section 19(b)(3)(A)(ii) of the Act,\12\ and subparagraph (e)(2) of Rule 19b-4 thereunder,\13\ in that it establishes or changes a due, fee or other charge imposed by the self-regulatory organization. At any time within 60 days of the filing of such 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. --------------------------------------------------------------------------- \12\ 15 U.S.C. 78s(b)(3)(A)(ii). \13\ 17 CFR 240.19b-4(e)(2). --------------------------------------------------------------------------- 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.\14\ Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, NW, Washington, DC 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 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, 450 Fifth Street, NW, Washington, DC 20549. Copies of such filing will also be available for inspection and copying at the principal office of the PCX. All submissions should refer to File No. SR-PCX-98-58 and should be submitted by January 14, 1999. \14\ In reviewing this proposal, the Commission has considered the proposal's impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f). --------------------------------------------------------------------------- For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\15\ --------------------------------------------------------------------------- \15\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 98-34128 Filed 12-23-98; 8:45 am] BILLING CODE 8010-01-M