

[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Notices]               
[Page 47104-47105]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au07-163]                         


[[Page 47104]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56254; File No. SR-ISE-2007-70]

 
Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change Relating to ISE Open/Close Trade Profile Fees

 August 15, 2007.
    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 August 13, 2007, the International Securities Exchange, LLC (``ISE'' 
or ``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been substantially prepared by the ISE. The 
ISE has designated the proposed rule change as ``non-controversial'' 
under Section 19(b)(3)(A)(iii) \3\ of the Act and Rule 19b-4(f)(6) 
thereunder,\4\ which renders the proposal effective upon filing with 
the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The ISE is proposing to amend its Schedule of Fees to adopt a 
subscription fee for the sale of open and close volume data on ISE 
listed options. As more fully described in Section II(A)(2), this 
proposal is similar to a product offered by the Chicago Board Options 
Exchange, Incorporated (``CBOE''). The text of the proposed rule change 
is available at the ISE, the Commission's Public Reference Room, and 
http://www.ise.com.


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 ISE 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 ISE 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
    The ISE currently creates volume data for each ISE listed option 
that consists of opening buys and opening sells and closing buys and 
closing sells.\5\ The ISE currently uses a subset of this data, the 
customer ``opening only'' trade data, for its calculation of investor 
sentiment, the ISE Sentiment Index[supreg] (ISEE[supreg]), and for ISEE 
Select[supreg]. The ISE now proposes a broader market data offering 
comprised of the entire opening and closing trade data of both 
customers and firms for each ISE listed option. This collective market 
data offering is referred to by the Exchange as the ISE Open/Close 
Trade Profile. This new market data offering will be subdivided by 
origin code (i.e., customer or firm) and the customer data is then 
further subdivided by order size. The volume data will be summarized by 
day and series (i.e., symbol, expiration date, strike price, call or 
put). The ISE Open/Close Trade Profile will be a subscription service, 
available to both members and non-members, and will enable subscribers 
to create their own proprietary put/call calculations. The data will be 
compiled and formatted by the ISE as an end of day file. The Exchange 
proposes to charge both members and non-members $600 per month on a 
subscription basis for this new market data offering.
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    \5\ An opening buy is a transaction that creates or increases a 
long position and an opening sell is a transaction that creates or 
increases a short position. A closing buy is a transaction made to 
close out an existing position. A closing sell is a transaction to 
reduce or eliminate a long position.
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2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b)(4) \6\ that an exchange provide for the 
equitable allocation of reasonable dues, fees and other charges among 
its members and issuers and other persons using its facilities. In 
particular, the proposed rule filing will provide members and non-
members with valuable market data. The Exchange has expended 
considerable resources, i.e., internal development costs, purchase of 
servers, etc., to bring this offering to market. The Exchange took 
these costs into account when setting the fees proposed for the ISE 
Open/Close Trade Profile. The ISE Open/Close Trade Profile offering is 
similar to one that the CBOE recently introduced to the marketplace 
called Open/Close Data.\7\ Further, the ISE's proposed fees for this 
new offering are identical to the fees that CBOE currently charges for 
its Open/Close Data offering.\8\ Finally, the Exchange notes that the 
fees proposed by the ISE for this market data offering are not 
discriminatory in that the Exchange proposes to charge both members and 
non-members an identical fee to subscribe to this offering.
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    \6\ 15 U.S.C. 78f(b)(4).
    \7\ See Securities Exchange Act Release No. 55062 (January 8, 
2007), 72 FR 2048 (January 17, 2007) (SR-CBOE-2006-88) (order 
granting approval to proposed rule change to codify a fee schedule 
for the sale of open and close volume data on CBOE listed options by 
Market Data Express, LLC).
    \8\ Id.
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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 
persons.

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

    Because the 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 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, the proposed rule change has become effective pursuant 
to Section 19(b)(3)(A) of the Act \9\ and subparagraph (f)(6) of Rule 
19b-4 thereunder.\10\ As required under Rule 19b-4(f)(6)(iii),\11\ the 
ISE provided the Commission with written 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 the filing of the proposed rule change.\12\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ The Exchange initially filed this proposal in SR-ISE-2007-
63. The Exchange withdrew that proposal and subsequently filed the 
present proposal pursuant to Rule 19b-4(f)(6).

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[[Page 47105]]

    A proposed rule change filed under 19b-4(f)(6) normally may not 
become operative prior to 30 days after the date of filing.\13\ 
However, Rule 19b-4(f)(6)(iii) \14\ permits the Commission to designate 
a shorter time if such action is consistent with the protection of 
investors and the public interest. The ISE requests that the Commission 
waive the 30-day operative delay, as specified in Rule 19b-
4(f)(6)(iii),\15\ which would make the rule change effective and 
operative upon filing. The Commission believes that waiving the 30-day 
operative delay is consistent with the protection of investors and the 
public interest. The Commission notes that this proposal is 
substantially similar to SR-CBOE-2006-88 \16\ previously approved by 
the Commission for the CBOE. The Commission further notes that the CBOE 
proposal was noticed for comment and no comments were received. 
Accordingly, the Commission designates the proposed rule change 
operative upon filing with the Commission.\17\
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    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ Id.
    \15\ Id.
    \16\ See supra note 7.
    \17\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the impact of the proposed rule 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 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 the furtherance of the purposes of the Act.

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 e-mail to rule-comments@sec.gov. Please include 

File Number SR-ISE-2007-70 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2007-70. This file 
number should be included on the subject line if e-mail 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 inspection and 
copying in the Commission's Public Reference Room, 100 F Street, NE., 
Washington, DC 20549, on official business days between the hours of 10 
a.m. and 3 p.m. Copies of such filing also will be available for 
inspection and copying at the principal office of the ISE. 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-2007-70 and should be 
submitted on or before September 12, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-16524 Filed 8-21-07; 8:45 am]

BILLING CODE 8010-01-P
