[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Notices]
[Pages 54338-54340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21295]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-70264; File No. SR-BATS-2013-045]
Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Establish a Revenue Sharing Program
August 27, 2013.
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 August 15, 2013, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``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 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 filed a proposed rule change to establish a revenue
sharing program with Interactive Data Corporation, acting by and
through its division, Interactive Data Desktop Solutions, and its
subsidiary, Interactive Data Online Properties, Inc. (collectively
``IDC''), whereby the Exchange will make available, through IDC,
private labeled versions of IDC's Market-Q and LiveCharts products.
The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.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 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 parts of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to establish a non-
exclusive revenue sharing program with IDC whereby the Exchange will
make available new market data offerings consisting of private labeled
versions of IDC's Market-Q and LiveCharts products. Pursuant to an
agreement between IDC and the Exchange, the private labeled products
will be marketed by the Exchange by featuring and advertising them on
the Exchange's Web site. Market-Q will be marketed under the private
label name ``BATS Investor Pro'' and LiveCharts will be marketed under
the private label name ``BATS Investor RT'' (BATS Investor Pro and BATS
Investor RT, collectively, the ``Private Labeled Products''). Under the
agreement, the Exchange will receive 25% of the total monthly
subscription fees received by IDC from parties who have registered to
use the Private Labeled Products and who first subscribe as a result of
the Exchange's marketing activities under the agreement, less certain
fees and taxes. IDC will operate and maintain the Private Labeled
Products and will provide first line technical support, accounting and
contract administration services for the Private Labeled Products. The
Exchange will not bill or contract with any subscriber directly.
Market-Q, which was developed by IDC, is a browser-based, front-end
product that provides global real-time pricing information, corporate
actions and dividend data, news, research, and other financial and
market data, including charts and alerts. The data includes a broad
range of global exchanges and indices, including performance data,
historical pricing, fixed income, commodities, foreign exchange,
exchange-traded equity and derivative securities.\3\ LiveCharts, which
was also developed by IDC, is a browser-based, front-end product that
provides charting and technical analysis of global real-time market
data.\4\ BATS Investor Pro and BATS Investor RT will include only
market data from the Exchange.\5\
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\3\ http://www.interactivedata.com/uploads/File/MArketQ.pdf.
\4\ http://www.esignal.com/livecharts/default.aspx.
\5\ Subscribers of BATS Investor Pro and BATS Investor RT may,
for an additional fee, supplement their subscriptions to include
market data in addition to Exchange data. This fee is not included
as part of the Exchange's revenue sharing program with IDC.
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[[Page 54339]]
The Exchange intends to submit a separate proposed rule change with
pricing details for the Private Labeled Products.
Various data recipients may wish to subscribe to and use the
Private Labeled Products. For instance, data recipients that receive
real-time market information on public Web sites or subscribe to
dynamic stock tickers, portfolio trackers, price/time graphs and other
visual systems can use the Private Labeled Products in lieu of using
such products. Such data recipients may prefer the Private Labeled
Products to view Exchange data to the extent they are familiar with
such products that include data from other markets. The Exchange notes
that similar market data products are offered by IDC containing data
from other exchanges and market centers.
No Exchange participant is required to subscribe to the Private
Labeled Products because the same information is available in the
Exchange's other data feeds.\6\ Exchange participants can also gain
access to BATS quotations and last sale prices that are integrated with
the prices that other markets make available through the Security
Information Processors (``SIPs'') for the national market system plans
responsible for disseminating consolidated market information. Indeed,
even though the Private Labeled Products may provide to some
participants an efficient alternative to the consolidated price
information that investors and broker-dealers can receive on a
consolidated basis from the SIPs, the Exchange believes that the
information that the Exchange contributes to the consolidated tape and
the increasingly lower latency of the data feeds offered by the SIPs
will continue to satisfy the needs of the vast majority of individual
and professional investors. Although certain data recipients might
supplement their access to data by subscribing to the Private Labeled
Products, it is unlikely that data recipients or distributors will
replace the consolidated feeds provided by the SIPs and/or their direct
access to BATS data feeds as a result of the availability of the
Private Labeled Products. The Exchange represents that it will not
distribute information to IDC for inclusion in the Private Labeled
Products on a more timely basis than it makes available the data to all
Exchange participants that receive such data feeds or that is provided
to the SIPs for consolidation and dissemination, nor will IDC have any
special or different access to the Exchange's data as a result of IDC's
arrangement with the Exchange. In addition, the Exchange represents
that IDC has not (and will not) receive any preferential treatment as a
result of IDC's arrangement with the Exchange.
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\6\ The Exchange currently offers various data feeds, including,
but not limited to, TCP PITCH and Multicast PITCH, which are depth
of book data feeds containing real-time quotation and transaction
data from the Exchange; DROP, which contains order execution and
other information (e.g., modifications and cancellations) specific
to the Exchange activity of one or more Exchange participants; and
TOP, which contains real-time top of book quotation and transaction
information from the Exchange. Beginning July 1, 2013, the Exchange
implemented fees for the PITCH (including both TCP PITCH and
Multicast PITCH) and TOP data products, and revised the fee for the
Last Sale Feed data product. The Exchange continues to offer its
other market data products to data recipients free of charge.
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All Exchange participants, including IDC, that receive BATS data
directly from the Exchange pay connectivity fees to access such data
through logical and physical ports connected to the Exchange's systems.
Beginning July 1, 2013, the Exchange implemented fees for the PITCH
(including both TCP PITCH and Multicast PITCH) and TOP data products,
and revised the fee for the Last Sale Feed data product. Accordingly
all Exchange participants, including IDC, are charged standard fees for
the receipt, use or redistribution of such data feeds. The Exchange
continues to offer its other market data products to data recipients
free of charge. Under the new agreement with IDC, IDC will continue to
receive any of the various BATS data feeds that it currently subscribes
to on the same terms as other Exchange participants, and will continue
to pay any port fees that it currently pays to the Exchange to receive
such data feeds. Additionally, beginning July 1, 2013, IDC became
subject to data fees payable to the Exchange for such data feeds on the
same terms as all other Exchange participants that receive, use or
redistribute BATS data from the Exchange.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\8\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The Exchange believes the
proposed rule will allow Exchange participants to make better-informed
and more efficient trading decisions by making available the Private
Labeled Products. In addition, the Exchange notes that the revenue
sharing program is not exclusive as between the Exchange and IDC. Any
recipient of BATS data feeds is permitted to redistribute such data,
whether through a revenue sharing arrangement with BATS or otherwise,
or provide products and services similar to those being offered by IDC,
provided that such recipient (including IDC) has entered into the
required contractual arrangements with the Exchange.\9\
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\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
\9\ Recipients of BATS data feeds, either directly from the
Exchange or from a third-party data vendor, that seek to
redistribute such data, either internally or externally, are
required to execute a BATS Global Markets, Inc. Data Agreement, an
Exchange Data Feed Order Form and System Description, List of
Affiliates (if applicable), and Service Facilitator List (if
applicable).
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Lastly, these products are completely optional in that no consumer
is required to purchase any of them and only those consumers that deem
such products to be of sufficient overall value and usefulness will
purchase them. To the extent consumers do purchase the Private Labeled
Products, the revenue generated will offset the Exchange's fixed costs
of operating and regulating its trading platforms, including the
continued operation of data feeds that will supply data to be used in
the Private Labeled Products. It will also help the Exchange cover its
costs in developing and running that platform, as well as ongoing
infrastructure costs.
B. Self-Regulatory Organization's Statement on Burden on Competition
The proposed rule change does not impose any burden on competition
not necessary or appropriate in furtherance of the purposes of the Act.
As discussed above, similar market data products are offered by IDC
containing data from other exchanges and market centers. Further, the
revenue sharing program is not exclusive as between the Exchange and
IDC. Any recipient of BATS data feeds is permitted to redistribute such
data, whether through a revenue sharing arrangement with BATS or
otherwise, or provide products and services similar to those being
offered by IDC, provided that such recipient (including IDC) has
entered into the required contractual arrangements with the Exchange.
The Exchange represents that it will not distribute information to IDC
for inclusion in the Private Labeled
[[Page 54340]]
Products on a more timely basis than it makes available the data to all
Exchange participants that receive such data feeds or that is provided
to the SIPs for consolidation and dissemination, nor will IDC have any
special or different access to the Exchange's data as a result of IDC's
arrangement with the Exchange. In addition, the Exchange represents
that IDC has not (and will not) receive any preferential treatment as a
result of IDC's arrangement with the Exchange.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received written comments on
the proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \10\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
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\10\ 15 U.S.C. 78s(b)(3)(A)(ii).
\11\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii),
the Exchange is required to provide the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Commission has determined to waive the requirement that BATS provide
the Commission with written notice of its intent to file the
proposed rule change at least five business days prior to the filing
date.
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A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposed rule change may become operative upon filing. The Exchange
believe that such a waiver would allow it to immediately offer the
Private Labeled Products to market participants enabling them to make
better-informed and more efficient trading decisions. In addition, the
Exchange notes that the Private Labeled Products are optional and can
be used by a wide variety of market participants for a wide variety of
purposes. For these reasons, the Commission designates the proposed
rule change to be operative upon filing.\14\
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\12\ 17 CFR 240.19b-4(f)(6).
\13\ Rule 19b-4(f)(6)(iii).
\14\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the 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.
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-BATS-2013-045 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-BATS-2013-045. 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, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. 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-BATS-2013-045, and should be
submitted on or before September 24, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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\15\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-21295 Filed 8-30-13; 8:45 am]
BILLING CODE 8011-01-P