[Federal Register Volume 66, Number 231 (Friday, November 30, 2001)]
[Notices]
[Pages 59825-59827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29720]


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SECURITIES AND EXCHANGE COMMISSION

(Release No. 34-45089; File No. SR-ISE-2001-30)


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by the International Securities 
Exchange LLC Relating to Fees for Providing ``Bisync Controllers'' to 
Members

November 21, 2001.
    Pursuant to section 19 (b)(1) of the Securities Exchange Act of 
1934

[[Page 59826]]

(``Act''),\1\ and rule 19b-4 \2\ thereunder, notice is hereby given 
that on November 16, 2001, the International Securities Exchange LLC 
(``ISE'' or ``Exchange'') filed with the Securities and Exchange 
Commission (the ``Commission'') 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.
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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 Exchange proposes to amend its fee schedule to impose a monthly 
fee of $350 for each ``bisync controller'' the Exchange leases to a 
member.
    The text of the proposed rule change appears below. New text is in 
italics.

ISE Schedule of Fees

* * * * *

----------------------------------------------------------------------------------------------------------------
                                              Amount             Billable unit                 Frequency
----------------------------------------------------------------------------------------------------------------
             Access Services
 
                 Gateway
 
 Cabinet Installation...........       $5,000.00  Gateway...................  One Time.
 Cabinet Move/Add/Change........        2,000.00  Gateway...................  One Time.
; Cabinet Lease/Maint...........        1,400.00  Gateway...................  Monthly.
 Additional Servers.............          250.00  Server....................  Monthly.
 Router Installation/Removal....          500.00  Router....................  One Time.
 Router Lease/Maint.............          200.00  Router....................  Monthly.
 Bisync Controller..............          350.00  Controller................  Monthly if leased; member
                                                                                       can purchase own
                                                                                       equipment.
----------------------------------------------------------------------------------------------------------------

* * * * *

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
    The purpose of the proposed rule change is to institute a fee to 
recover the Exchange's cost of providing ``bisync controllers'' to 
members. The controller allows the ISE to communicate with older 
protocols that are still in use by certain Electronic Access Members. 
The rule makes clear that members can purchase their own equipment and 
thus avoid leasing the controllers from the ISE and incurring this fee.
(2) Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with section 6 (b) of the Act,\3\ in general, and furthers the 
objectives of section 6 (b)(4), \4\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees, and other 
charges among its members and other persons using its facilities.
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    \3\ 15 U.S.C. 78f (b).
    \4\ 15 U.S.C. 78f (b)(4).
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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 Act.

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

    The foregoing rule change establishes or changes a due, fee, or 
charge imposed by the Exchange and, therefore, has become effective 
upon filing pursuant to section 19 (b)(3)(A)(ii) of the Act \5\ and 
Rule 19b-4 (f)(2) thereunder.\6\ 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.
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    \5\ 15 U.S.C. 78 (s)(b)(3)(A)(ii).
    \6\ 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. Persons making written submissions 
should file six copies thereof with the Secretary, Securities and 
Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549-0609. 
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 Section. Copies of such filing will also 
be available for inspection and copying at the principal office of the 
Exchange. All submissions should refer to File No. SR-ISE-2001-30 and 
should be submitted by December 21, 2001.


[[Page 59827]]


    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3 (a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 01-29720 Filed 11-29-01; 8:45 am]
BILLING CODE 8010-01-M