
[Federal Register: March 22, 2010 (Volume 75, Number 54)]
[Notices]               
[Page 13638-13639]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr10-128]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61711; File No. SR-Phlx-2010-37]

 
Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Relating to 
Controller Space Fee

March 15, 2010.
    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 February 26, 2010, NASDAQ OMX PHLX, Inc. (``Phlx'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I, II, 
and III, 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 proposes to offer the Controller Space storage service 
at no charge. While changes to the Fee Schedule pursuant to this 
proposal are effective upon filing, the Exchange has designated these 
changes to be operative on March 1, 2010.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/
Filings/, on the Commission's Web site at http://www.sec.gov, 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 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 purpose of the proposed rule change is to offer the Controller 
Space service at no charge. Currently, the Exchange assesses a 
Controller Space storage fee of $250.00 per month on Members, Member 
Organizations, participants and participant organizations on the 
options and foreign currency trading floors. The Controller Space 
storage refers to space near the Exchange's trading floor that stores 
Member equipment that is used by Members, Member Organizations, 
participants and participant organizations to support their floor 
operations.
    Previously, NASDAQ OMX PHLX's match infrastructure was located at 
1900 Market Street in Philadelphia, PA, the location of the NASDAQ OMX 
PHLX trading floor. The NASDAQ OMX PHLX match infrastructure was 
relocated to the New York City area. As a result of this relocation, 
NASDAQ OMX PHLX now only offers a storage facility at the 1900 Market 
Street location for member equipment. The Controller Space storage 
services being offered to Members by NASDAQ OMX PHLX have been subsumed 
by co-location services which are currently being offered by NASDAQ 
Technology Services LLC (``NTS'') pursuant to agreements with the 
owner/operator of its data center where both the Exchange's quoting and 
trading facilities and co-located customer equipment are housed.\3\ A 
recent proposed rule change proposes to codify fees for these existing 
co-location

[[Page 13639]]

services in a single uniform fee schedule.\4\
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    \3\ Currently, the Exchange provides its current co-location 
services through data centers located in the New York City and Mid-
Atlantic areas.
    \4\ See Securities Exchange Act Release No. 61486 (February 3, 
2010), 75 FR 6426 (February 9, 2010) (SR-Phlx-2010-18).
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    Exchange members may subscribe to co-location services provided by 
NTS. These co-location services are generally available to all 
qualified market participants who desire them. The Exchange will 
continue to offer the storage service to its Members at no charge. If 
the Exchange determines at a later date to charge a fee for this 
service, it will file a proposed rule change with the Commission.
    While changes to the Fee Schedule pursuant to this proposal are 
effective upon filing, the Exchange has designated these changes to be 
operative for transactions settling on or after March 1, 2010.
2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of 
fees is consistent with Section 6(b) of the Act \5\ in general, and 
furthers the objectives of Section 6(b)(4) of the Act \6\ in 
particular, in that it is an equitable allocation of reasonable fees 
and other charges among Exchange members. The Exchange believes that 
Members benefit in that the Exchange will continue to offer all Members 
the ability to store equipment at the Exchange's facility at no charge.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition 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

    No written comments were either solicited or received.

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\ and paragraph (f)(2) of Rule 19b-4 \8\ 
thereunder. 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 furtherance of the purposes of the Act.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
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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 e-mail to rule-comments@sec.gov. Please include 
File Number SR-Phlx-2010-37 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-Phlx-2010-37. 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 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 
a.m. and 3 p.m. Copies of such 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-Phlx-2010-37 and should be 
submitted on or before April 12, 2010.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-6181 Filed 3-19-10; 8:45 am]
BILLING CODE 8011-01-P

