
[Federal Register: August 20, 2010 (Volume 75, Number 161)]
[Notices]               
[Page 51512-51515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au10-98]                         

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62732; File No. SR-NYSE-2010-56]

 
Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing of Proposed Rule Change Amending Its Price List To 
Reflect Fees Charged for Co-Location Services

August 16, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on August 3, 2010, New York Stock Exchange LLC (``NYSE'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its Price List to reflect fees 
charged for co-location services, as described more fully herein. The 
text of the proposed rule change is available at the Exchange, the 
Commission's Public Reference Room, on the Commission's Web site at 
http://www.sec.gov, and the Exchange's Web site at http://www.nyse.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 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 those 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 Exchange proposes to amend its Price List to identify fees 
pertaining to co-location services, which allow Users \4\ of the 
Exchange to rent space on premises controlled by the Exchange in order 
that they may locate their electronic servers in close physical 
proximity to the Exchange's trading and execution systems. The Exchange 
plans to begin operating a data center in Mahwah, New Jersey, from 
which it will offer co-location services. The Exchange will offer space 
at the data center in cabinets with power usage capability of either 
four or eight kilowatts (kW).\5\ In

[[Page 51513]]

addition, the Exchange will offer Users services related to co-
location, including cross connections, equipment and cable 
installation, and remote ``hot-hands'' services, which allow Users to 
use on-site data center personnel to maintain User equipment. The 
Exchange notes that Users will be able to obtain permanent access 
badges for their representatives at a cost of $50 per badge, which 
includes the cost of a background check. User representatives are not 
required to obtain a permanent access badge to gain access to the data 
center, but all visitors to the data center will be required to have a 
visitor security escort at the cost of $75 per hour.
---------------------------------------------------------------------------

    \4\ For the purposes of this filing, the term ``Users'' includes 
any ``member organization,'' as that term is defined in NYSE Rule 
2(b) and any ``Sponsored Participant,'' as that term is defined in 
NYSE Rule 123B.30(a)(ii)(B).
    \5\ The Exchange also allows Users, for a monthly fee (i.e., 40% 
of the applicable monthly per kW fee), to obtain an option for 
future use on available, unused cabinet space in proximity to their 
existing cabinet space. Specifically, Users may reserve cabinet 
space of up to 30% of the cabinet space under contract, which the 
Exchange will endeavor to provide as close as reasonably possible to 
the User's existing cabinet space, taking into consideration power 
availability within segments of the data center and the overall 
efficiency of use of data center resources as determined by the 
Exchange. (If the 30% measurement results in a fractional cabinet, 
the cabinet count is adjusted up to the next increment.) If reserved 
cabinet space becomes needed for use, the reserving User will have 
30 business days to formally contract with the Exchange for full 
payment for the reserved cabinet space needed or the space will be 
reassigned.
---------------------------------------------------------------------------

    Users that receive co-location services from the Exchange will not 
receive any means of access to the Exchange's trading and execution 
systems that is separate from or superior to that of Users that do not 
receive co-location services. All orders sent to the Exchange enter the 
Exchange's trading and execution systems through the same order gateway 
regardless of whether the sender is co-located in the Exchange's data 
center or not. In addition, co-located Users do not receive any market 
data or data service product that is not available to all Users. 
However, Users that receive co-location services normally would expect 
reduced latencies in sending orders to the Exchange and receiving 
market data from the Exchange. In addition, co-located Users have the 
option of obtaining access to the Exchange's Liquidity Center Network 
(``LCN''), a local area network available in the data center.\6\ Co-
located Users have the option of using either the LCN or the Exchange's 
Secure Financial Transaction Infrastructure (``SFTI'') network, to 
which all Users have access. Because it operates as a local area 
network within the data center, the LCN provides reduced latencies in 
comparison with SFTI. Other than the reduced latencies, the Exchange 
believes that there are no material differences in terms of access to 
the Exchange between Users that choose to co-locate and those that do 
not. SFTI and LCN both provide Users with access to the Exchange's 
trading and execution systems and to the Exchange's proprietary market 
data products. User access to non-proprietary market data products is 
available through SFTI and not through LCN.
---------------------------------------------------------------------------

    \6\ As set forth below, pricing for LCN access is provided on a 
stand-alone basis and on a bundled basis in combination with SFTI 
connections and optic connections to outside access centers and 
within the data center. The SFTI and optic connections are not 
related to the co-location services.
---------------------------------------------------------------------------

    The Exchange offers co-location space based on availability and the 
Exchange believes that it has sufficient space in the Mahwah data 
center to accommodate current demand on an equitable basis for the 
foreseeable future. In addition, the Exchange believes that any 
difference among the positions of the cabinets within the data center 
does not create any material difference to co-location Users in terms 
of access to the Exchange.
    The following charts identify the proposed tiered fees for co-
location and the proposed fees for related services.

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

------------------------------------------------------------------------
Initial fee per cabinet....................................       $5,000
------------------------------------------------------------------------
                       Number of kWs                          Per kW fee
                                                               monthly
------------------------------------------------------------------------
4-8........................................................       $1,200
12-20......................................................        1,050
24-40......................................................          950
44 +.......................................................          900
------------------------------------------------------------------------


------------------------------------------------------------------------
       Type of service             Description        Amount of charge
------------------------------------------------------------------------
LCN Access..................  1Gb Circuit.........  $6,000 per
                                                     connection initial
                                                     charge plus $5,000
                                                     monthly per
                                                     connection.
LCN Access..................  10 Gb Circuit.......  $10,000 per
                                                     connection.
Bundled Network Access,       1 GB Bundle.........  $25,000 initial
 Option 1 (2 LCN                                     charge plus $13,000
 connections, 2 SFTI                                 monthly charge.
 connections, and 2 optic
 connections to outside
 access center).
                              10 GB Bundle........  $50,000 initial
                                                     charge plus $47,000
                                                     monthly charge
Bundled Network Access,       1 GB Bundle.........  $26,000 initial
 Option 2 (2 LCN                                     charge plus $16,000
 connections, 2 SFTI                                 monthly charge.
 connections, 1 optic
 connection to outside
 access center, and 1 optic
 connection in data center).
                              10 Gb Bundle........  $50,000 initial
                                                     charge plus $54,250
                                                     monthly charge.
Bundled Network Access,       1 Gb Bundle.........  $27,500 initial
 Option 3 (2 LCN                                     charge plus $19,000
 Connections, 2 SFTI                                 monthly charge.
 connections, and 2 optic
 connections in data center).
                              10 Gb Bundle........  $50,000 initial
                                                     charge plus $61,500
                                                     monthly charge.
Data Center Fiber Cross       Cross connect         $500 per unit
 Connect.                      between a single      initial charge plus
                               User's cabinets       $500 monthly per
                               within the data       unit.
                               center.
Initial Install Services      Includes initial      $800 per cabinet.
 (Required per cabinet).       racking of
                               equipment in
                               cabinet and
                               provision of up to
                               10 cables (4 hrs).
Hot Hands Service: Normal     Applies on non-NYSE   $200 per hour.
 Business Hours, Scheduled.    holidays, Monday to
                               Friday, 9am to 5pm
                               if scheduled at
                               least 1 day in
                               advance.
Hot Hands Service: Extended   Applies Monday to     $275 per hour.
 Business Hours, Scheduled.    Friday 5pm to 9am,
                               NYSE holidays, and
                               weekends if
                               scheduled at least
                               1 day in advance.
Hot Hands Service: Normal     Applies on non-NYSE   $250 per hour.
 Business Hours, Expedited.    holidays, Monday to
                               Friday, 9am to 5pm
                               if NOT scheduled at
                               least 1 day in
                               advance.
Hot Hands Service: Extended   Applies Monday to     $325 per hour.
 Business Hours, Expedited.    Friday 5pm to 9am,
                               NYSE holidays, and
                               weekends if NOT
                               scheduled at least
                               1 day in advance.

[[Page 51514]]


Rack and Stack..............  Installation of one   $200 per server.
                               server in User's
                               cabinet. Service
                               encompasses
                               handling,
                               unpacking, tagging,
                               and installation of
                               the server as well
                               as 1 network
                               connection within
                               the User rack.
Power Recycling.............  Reboot of power on    $50 per reset.
                               one server or
                               switch as well as
                               observing and
                               reporting on the
                               status of the
                               reboot back to the
                               User.
Shipping and Receiving......  Receipt of one        $100 per shipment.
                               shipment of goods
                               at data center from
                               User/supplier.
                               Includes
                               coordination of
                               shipping and
                               receiving.
Badge Request...............  Request for           $50 per badge.
                               provision of a
                               permanent data
                               center site access
                               badge for a User
                               representative.
External Cabinet Cable Tray.  Engineer, furnish     $400 per tray.
                               and install Rittal
                               5''H x 12''W cable
                               tray on cabinet.
Custom External Cabinet       Engineer, furnish     $100 per linear
 Cable Tray.                   and install 4'' H x   foot.
                               24'' W custom
                               basket cable tray
                               above client's
                               cabinet rows.
Install and Document Cable..  Labor charges to      $200 per hour.
                               install and
                               document the
                               fitting of a
                               cable(s) in a
                               User's cabinet(s)
                               in excess of the 10
                               copper cables
                               include in the
                               cabinet
                               installation fee.
Equipment Maintenance Call    Hardware maintenance- $100 per call.
 Escalation.                   break fix services
                               available through
                               NYSE arrangement
                               with Delta Computer
                               Group.
Visitor Security Escort.....  NYSE employee         $75 per hour.
                               escort, which is
                               required during
                               User visits to the
                               data center.
Technician Support Service--  Network technician    $200 per hour.
 Non Emergency.                equipped to support
                               User network
                               troubleshooting
                               activity and to
                               provide all
                               necessary testing
                               instruments to
                               support the User
                               request. Prior day
                               notice is required.
Technician Support Service--  Network technician    $325 per hour.
 Emergency.                    equipped to support
                               User network
                               troubleshooting
                               activity and to
                               provide all
                               necessary testing
                               instruments to
                               support the User
                               request. Two hour
                               notice is required.
------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Securities Exchange Act of 1934 
(the ``Act''),\7\ in general, and Sections 6(b)(4) and 6(b)(5), of the 
Act,\8\ in particular, in that it is designed to (i) provide for the 
equitable allocation of reasonable dues, fees, and other charges among 
its members and other persons using its facilities, and (ii) prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, to foster cooperation and coordination 
with persons engaged in facilitating transactions in securities, and to 
remove impediments to and perfect the mechanisms of a free and open 
market and a national market system. The Exchange believes that the 
proposed changes to the Schedule are equitable in that they apply fees 
for comparable co-location services uniformly to our Users. Moreover, 
the Exchange believes that, as described herein, access to its market 
is offered on fair and non-discriminatory terms.
---------------------------------------------------------------------------

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

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 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

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule 
change should be 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 e-mail to rule-comments@sec.gov. Please include 
File Number SR-NYSE-2010-56 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission,

[[Page 51515]]

100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2010-56. 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-NYSE-2010-56 and should be 
submitted on or before September 10, 2010.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-20682 Filed 8-19-10; 8:45 am]
BILLING CODE 8010-01-P

