[Federal Register Volume 67, Number 238 (Wednesday, December 11, 2002)]
[Notices]
[Pages 76200-76201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31198]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-46946; File No. SR-NASD-2002-172]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by the National Association of 
Securities Dealers, Inc. To Delay the Imposition of Distributor Fees 
for SuperMontage View Suite Data Feeds Under NASD Rule 7010(q)

December 4, 2002.
    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 29, 2002, the National Association of Securities Dealers, 
Inc. (``NASD'') through its subsidiary, The Nasdaq Stock Market, Inc. 
(``Nasdaq'') filed with the Securities and Exchange Commission (``SEC'' 
or ``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Nasdaq proposes to delay charging the distributor fees for any 
SuperMontage View Suite data feeds under NASD Rule 7010(q) until 
January 1, 2003.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    Nasdaq believes that the new SuperMontage data feeds approved by 
the Commission vastly expand the ability of market participants to see 
and

[[Page 76201]]

show trading interest.\3\ Those data feeds are about to be complete: 
SuperMontage was launched on October 14, 2002, with five stocks, and by 
December 2, 2002, all Nasdaq stocks will be traded on SuperMontage.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 43863 (January 19, 
2001), 66 FR 8020 (January 26, 2001) and Securities Exchange Act 
Release No. 45790 (April 19, 2002), 67 FR 21007 (April 29, 2002).
---------------------------------------------------------------------------

    Under Nasdaq's recently approved NASD Rule 7010(q),\4\ Nasdaq 
planned to begin charging both distributors and subscribers as of the 
day all stocks will be traded--December 2, 2002. Nasdaq represents, 
however, that its distributors, particularly its small distributors, 
have recently advised Nasdaq that they need more time to educate and 
sign up a sufficient number of subscribers to support the fixed fee 
distributors pay. Nasdaq believes that it should promote informed 
decision making by investors; thus, Nasdaq supports the distributors 
request for more time.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 46843 (November 18, 
2002), 67 FR 70471 (November 22, 2002).
---------------------------------------------------------------------------

    Nasdaq proposes to delay charging any of the distributor fees in 
NASD Rule 7010(q) until January 1, 2003. This proposed ``fee holiday'' 
would relieve all persons subject to the distributor fee from payment 
until January 1, 2003. Nasdaq believes that this one-month delay should 
provide its distributors and Nasdaq the opportunity to better inform 
subscribers about the data packages available through the View Suite 
products. During this time, Nasdaq expects subscribers to indicate 
their interest by signing up for the data packages and paying the 
subscriber charge. Nasdaq expects that by the end of the fee holiday, 
the necessary subscriber base will exist for distributors to be 
confident they can incur the fixed distributor fee.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with 
the provisions of Section 15A of the Act,\6\ including Section 
15A(b)(6) of the Act,\7\ which requires, among other things, that a 
registered national securities association's rules must be designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, and, in general, to protect 
investors and the public interest. Nasdaq believes that the proposed 
rule change protects investors and the public interest in that it 
allows investors to become more informed regarding the new data feeds 
and allows distributors a brief necessary period to build a stable 
subscriber base.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78o-3
    \7\ 15 U.S.C. 78o-3(6).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will impose 
any burden on competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    Nasdaq has neither solicited nor received comments on the proposed 
rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \5\ and Rule 19b-4(f)(6)\6\ thereunder because 
the proposal: (i) Does not significantly affect the protection of 
investors or the public interest; (ii) does not impose any significant 
burden on competition; and (iii) does not become operative prior to 30 
days after the date of filing or such shorter time as the Commission 
may designate if consistent with the protection of investors and the 
public interest; provided that the Exchange has given the Commission 
notice of its intent to file the proposed rule change, along with a 
brief description and text of the proposed rule change, at least five 
business days prior to the date of filing of the proposed rule change, 
or such short time as designated by the Commission. 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.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    Nasdaq has requested that the Commission waive the five-day pre-
filing notice and the 30-day operative delay. The Commission believes 
that waiving the five-day pre-filing notice and the 30-day operative 
delay is consistent with the protection of investors and the public 
interest. The Commission notes that the implementation of Nasdaq's fee 
holiday proposal would help distributors and Nasdaq to focus 
immediately on educating investors and potential subscribers. For these 
reasons, the Commission designates the proposal to be effective and 
operative upon filing with the Commission.\7\
---------------------------------------------------------------------------

    \7\ For purposes only of accelerating the operative date of this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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 at the 
Commission's Public Reference Room. Copies of such filing will also be 
available for inspection and copying at the principal office of the 
NASD. All submissions should refer to File No. SR-NASD-2002-172 and 
should be submitted by January 2, 2003.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 02-31198 Filed 12-10-02; 8:45 am]
BILLING CODE 8010-01-P