[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Notices]
[Page 25160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10201]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-49627; File No. SR-ISE-2004-05]


Self-Regulatory Organizations; Order Approving Proposed Rule 
Change by the International Securities Exchange, Inc., Relating to 
Customized Market Data Reports (``ISEMine'')

April 28, 2004.
    On March 4, 2004, the International Securities Exchange, Inc. 
(``ISE'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission''), pursuant to section 19(b)(1) of the 
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 
thereunder,\2\ a proposed rule change to establish fees in connection 
with the preparation of customized market data reports for both members 
and non-members. The Exchange maintains databases that contain 
information relating to option contracts traded on the Exchange. The 
Exchange is proposing to provide members and non-members with the 
ability to ``mine'' this data through the use of customized market data 
reports. The Exchange refers to this service as ``ISEmine.''
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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    The proposed rule change was published for comment in the Federal 
Register on March 24, 2004.\3\ The Commission received no comments on 
the proposal.
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    \3\ See Securities Exchange Act Release No. 49442 (March 17, 
2004), 69 FR 13925.
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    The Commission finds that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder applicable to a national securities exchange \4\ and, in 
particular, the requirements of section 6 of the Act \5\ and the rules 
and regulations thereunder. The Commission finds specifically that the 
proposed rule change is consistent with section 6(b)(4) of the Act,\6\ 
in that it provides for the equitable allocation of reasonable dues, 
fees, and other charges among ISE members and issuers and other persons 
using its facilities. Additionally, the Commission finds that the 
proposed rule change is consistent with section 6(b)(5) of the Act,\7\ 
in that it is designed to promote just and equitable principles of 
trade, to foster cooperation and coordination with persons engaged in 
regulating securities transactions, and to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system.
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    \4\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ 15 U.S.C. 78f(b)(5).
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    It is therefore ordered, pursuant to section 19(b)(2) of the 
Act,\8\ that the proposed rule change (SR-ISE-2004-05) be, and it 
hereby is, approved.
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    \8\ 15 U.S.C. 78s(b)(2).

    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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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 04-10201 Filed 5-4-04; 8:45 am]
BILLING CODE 8010-01-P