

[Federal Register: March 7, 2006 (Volume 71, Number 44)]
[Notices]               
[Page 11457]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr06-97]                         

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53390; File No. SR-ISE-2006-08]

 
Self-Regulatory Organizations; International Securities Exchange, 
Inc.; Order Granting Accelerated Approval of a Proposed Rule Change 
Establishing Fees for Historical Options Tick Market Data for Non-
Members

February 28, 2006.
    On February 1, 2006, 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 amend its Schedule of Fees to 
establish non-member fees for historical options tick market data, 
described below. The ISE requested the Commission grant accelerated 
approval of the proposed rule change. The Commission did not 
immediately grant accelerated approval. Instead, the proposed rule 
change was published for comment in the Federal Register on February 9, 
2006 for a 15-day comment period, which expired on February 24, 
2006.\3\ The Commission received no comments on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 53211 (February 2, 
2006), 71 FR 6801. The instant proposed rule change proposes to 
establish a fee for non-ISE members only. The Exchange also filed a 
separate proposed rule change, SR-ISE-2006-07, Securities Exchange 
Act Release No. 53212 (February 2, 2006), 71 FR 6803 (February 9, 
2006), that established fees for ISE members. The proposed fees for 
both ISE members and non-ISE members are the same.
---------------------------------------------------------------------------

    Historical options tick market data is Options Price Reporting 
Authority (``OPRA'') tick data, a complete file, tick-by-tick, of all 
quote and transaction data of all instruments disseminated by OPRA 
during a trading day. OPRA tick data includes data from all six options 
exchanges. On any given trading day, OPRA tick data is publicly 
available and may be stored. The OPRA tick data collected and stored by 
ISE is neither exclusive nor proprietary to the Exchange. The ISE 
captures the OPRA tick data and will make it available as an ``end of 
day'' file \4\ or as a ``historical'' file \5\ for ISE members and non-
ISE members alike.\6\
---------------------------------------------------------------------------

    \4\ An end of day file refers to OPRA tick data for a trading 
day that is distributed prior to the opening of the next trading 
day. An end of day file will be made available to subscribers as 
soon as practicable at the end of each trading day on an on-going 
basis pursuant to an annual subscription or through an ad-hoc 
request.
    \5\ An end of day file that is distributed after the start of 
the next trading day is called a historical file. A historical file 
will be available to customers for a pre-determined date range by 
ad-hoc requests only.
    \6\ See supra, at n.3.
---------------------------------------------------------------------------

    The Commission has reviewed carefully the proposed rule change and 
finds that it is consistent with the requirements of the Act and the 
rules and regulations thereunder applicable to a national securities 
exchange.\7\ In particular, the Commission finds that the proposed rule 
change is consistent with the requirement of Section 6(b)(4) \8\ that 
an exchange have an equitable allocation of reasonable dues, fees and 
other charges among its members and other persons using its facilities.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Commission finds good cause for approving this proposed rule 
change before the 30th day after publication of notice in the Federal 
Register. On February 1, 2006, the ISE amended its rules to give its 
members the opportunity to access historical options tick market 
data.\9\ The ISE asked the Commission to approve the instant proposed 
rule change on an accelerated basis so that the ISE could offer the 
same service to non-members (at the same price) as soon as possible. As 
mentioned above, the Commission received no comments on the ISE's 
proposed rule change. The Commission believes that the proposed rule 
change raises no new issues or novel regulatory questions, and that 
non-members should have the ability to partake of this service without 
unnecessary delay. Accordingly, the Commission finds good cause 
pursuant to section 19(b)(2) of the Act,\10\ for approving the proposed 
rule change prior to the 30th day after publication in the Federal 
Register.
---------------------------------------------------------------------------

    \9\ See supra, at n.3.
    \10\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to section 19(b)(2) of the 
Act,\11\ that the proposed rule change be, and hereby is approved on an 
accelerated basis.
---------------------------------------------------------------------------

    \11\ Id.
    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\12\
Nancy M. Morris,
Secretary.
 [FR Doc. E6-3162 Filed 3-6-06; 8:45 am]

BILLING CODE 8010-01-P
