[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72901-72902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29451]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68324; File No. SR-ISE-2012-89]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change To Adopt Gateway Fees

November 30, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on November 20, 2012, the International Securities Exchange, LLC 
(the ``Exchange'' or the ``ISE'') filed with the Securities and 
Exchange Commission the proposed rule change, as described in Items I, 
II, and III below, which items have been prepared by the self-
regulatory organization. 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 ISE proposes to adopt gateway fees. The text of the proposed 
rule change is available on the Exchange's Web site (http://www.ise.com), at the principal office of the Exchange, and at the 
Commission's Public Reference Room.

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 self-regulatory organization 
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 self-regulatory organization 
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
    Prior to the launch of the Optimise trading system, ISE Members 
were able to lease ``gateway'' equipment, i.e., Routers, Switches and 
Servers, through ISE to connect to the Exchange. Members also were able 
to use their own equipment, which ISE managed. With the launch of the 
Optimise trading system, ISE began to maintain shared gateways at its 
datacenters without charging any fees to Members and removed the 
gateway fees it previously charged from its Schedule of Fees.\3\
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    \3\ See Securities Exchange Act Release No. 65861 (December 1, 
2011), 76 FR 76463 (December 7, 2011) (SR-ISE-2011-77).
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    The Exchange now proposes to adopt monthly gateway fees. 
Specifically, the Exchange proposes to adopt a monthly fee of $250 per 
shared gateway. Also, some Members have requested their own dedicated 
gateways as an alternative to using the shared gateways. While the 
shared gateways provide for full redundancy and the same latency, these 
Members nevertheless desire their own dedicated gateways as a risk 
management alternative. To accommodate these Members, the Exchange 
proposes to adopt an optional dedicated gateway offering for a monthly 
fee of $2,000 per dedicated gateway pair.\4\
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    \4\ For redundancy and load balancing purposes, Members that 
choose the dedicated gateway option would be connected to a pair of 
dedicated gateways for which the Exchange would charge one fee.
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    ISE has expended significant amount of resources in developing this 
infrastructure and the proposed gateway fees will be used to recover 
the costs the Exchange incurs in providing and maintaining this 
infrastructure. With this proposed rule change, Members will have the 
ability to utilize a shared gateway or, if they have [sic] choose, 
utilize a dedicated gateway. The use of the dedicated gateway is 
voluntary and therefore, Members who do not opt for a dedicated gateway 
will be able to connect to the Exchange through a shared gateway.
    The Exchange has designated this proposal to be operative on 
December 3, 2012.
2. Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Securities Exchange Act of 1934 
(``Act''),\5\ in general, and with Section 6(b)(4) of the Act,\6\ in 
particular, in that it provides for the equitable allocation of 
reasonable dues, fees and other charges among Exchange members and 
other persons using its facilities. In particular, the proposed rule 
change will provide greater transparency into the connectivity options 
available to Members.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed rule change constitutes an 
equitable allocation of fees because all similarly situated Members 
would be charged the same amount, based on their preference for either 
a shared gateway or a dedicated gateway. While Members may opt for a 
dedicated gateway, those that do not will continue to be able to access 
the Exchange via a shared gateway. And both gateway options provide 
full redundancy and the same latency. Thus, access to the Exchange 
would continue to be offered on fair and non-discriminatory terms.
    The Exchange also believes the proposed fee for a dedicated gateway 
is equitably allocated in that all Exchange Members that opt for a 
dedicated gateway will be charged the same amount. All Exchange Members 
have the option to select a dedicated gateway connection and those that 
choose not to will continue to access the Exchange via a shared 
gateway.
    With respect to the increase in fees, the proposed fee change for 
gateways is expected to offset increasing connectivity costs, including 
costs for gateway software and hardware enhancements and resources 
dedicated to gateways development, quality assurance, and support.
    The Exchange believes the proposed fees are not unfairly 
discriminatory in that all Exchange Members have the option of 
accessing the Exchange via shared gateways or dedicated gateways, and 
there is no differentiation among Members with regard to the fees 
charged for either option.

[[Page 72902]]

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

    The proposed rule change does not 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

    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 has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\7\ At any time within 60 days of the filing 
of such proposed rule change, the Commission summarily may temporarily 
suspend 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. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2012-89 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2012-89. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). 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 Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549-1090, on official business days between the hours 
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be 
available for inspection and copying at ISE's principal office and on 
its Internet Web site. All comments received will be posted without 
change; the Commission does not edit personal identifying information 
from submissions. You should submit only information that you wish to 
make available publicly. All submissions should refer to File Number 
SR-ISE-2012-89, and should be submitted on or before December 27, 2012.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-29451 Filed 12-5-12; 8:45 am]
BILLING CODE 8011-01-P