Notice2022-13943
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Facility Fees Section in the Fees Schedule in Connection With the Exchange's New Trading Floor
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 30, 2022
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 87 Issue 125 (Thursday, June 30, 2022)</title>
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[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Notices]
[Pages 39145-39153]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13943]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-95155; File No. SR-CBOE-2022-029]
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Facility Fees Section in the Fees Schedule in Connection With the
Exchange's New Trading Floor
June 24, 2022.
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 June 10, 2022, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') 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 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\ 15 U.S.C. 78a.
\3\ 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
Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend its Facility Fees section in the Fees Schedule in connection
with the Exchange's new trading floor. The text of the proposed rule
change is provided in Exhibit 5.
The text of the proposed rule change is also available on the
Exchange's website (<a href="http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx">http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx</a>), at the Exchange's Office of the
Secretary, 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 Exchange proposes to amend its Fees Schedule in connection with
the opening of a new trading floor. Currently, the Exchange conducts
open outcry trading at 400 S. LaSalle, Chicago, Illinois. On or about
June 6, 2022, the Exchange intends to move its open outcry trading
operations to a new trading floor located at 141 W Jackson Blvd.,
Chicago, Illinois. As a result of this transition, certain
infrastructure and technology on the current trading floor will be
rendered obsolete and the new trading floor will have new
infrastructure and offer new technology. Accordingly, the Exchange
proposes to adopt new, and/or update current, facility fees with
respect to the new trading floor, as well as eliminate obsolete
facility fees that are only applicable to the Exchange's current
facility and trading floor which will no longer be in use as of June 6,
2022.\4\
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\4\ The Exchange initially filed the proposed fee changes on
June 1, 2022 (SR-CBOE-2022-026). On June 10, 2022, the Exchange
withdrew that filing and submitted this filing.
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Booth Fees
The Exchange currently assesses monthly fees for ``standard
Booths'', which refers to a portion of designated space on the trading
floor of the Exchange adjacent to or in particular trading crowds,
which may be occupied by a Trading Permit Holder (``TPH''), clerks,
runners, or other support staff for operational and other business-
related activities. The Exchange assesses a monthly fee of $195 for
standard Booths located along the perimeter of the trading floor, and
$550 for standard Booths located in the OEX, Dow Jones, MNX and VIX
trading crowds. The Exchange also assesses monthly fees for
``nonstandard Booths'', which refers to space on the trading floor of
the Exchange that is set off from a trading crowd, which may be rented
by a TPH for whatever support, office, back-office, or any other
business-related activities for which the TPH may choose to use the
space. A TPH that rents non-standard booth space on the floor of the
Exchange is subject to a base non-standard booth rental fee of $1,250
per month in addition to a square footage fee of $1.70 per square foot
per month based on the size of the TPH's non-standard booth. The
Exchange proposes to modify and simplify its fees assessed for booth
rentals. First, the Exchange proposes to eliminate the distinction
between standard and non-standard Booths. The Exchange also proposes to
adopt a tiered pricing schedule for Booths based on the number of
Booths rented by a TPH. Particularly, the Exchange proposes to adopt
the following fees for Booths that are set off from a trading crowd:
------------------------------------------------------------------------
Quantity of booths Monthly fee
------------------------------------------------------------------------
1-2..................................................... $400
3-6..................................................... $300
7-10.................................................... $200
11 or more.............................................. $100
------------------------------------------------------------------------
The proposed tiered pricing provides discounted pricing for
additional Booths. For example, if a TPH rented 4 Booths, the TPH would
be assessed $1,400 a month (2 Booths at $400 and 2 Booths at $300). The
Exchange also proposes to adopt a monthly fee of $750 per booth for any
booth located in a trading crowd. The Booth Pass-Through Fee would
remain unchanged.\5\ The Exchange notes that use of Booths, whether or
located away from or in a trading crowd are optional and not necessary
in order to conduct open outcry trading on the trading floor. Booth
spaces are also uniform and nearly identical in size. The Exchange also
notes that at this time, the Exchange has ample space on its new
trading floor for booth space.
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\5\ Pursuant to the Booth Pass-Through Fee, TPHs bear
responsibility for all costs associated with any modifications and
alterations to any trading floor Booths leased by the TPH (or TPH
organization) and must reimburse the Exchange for all costs incurred
in connection therewith.
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Policy
The Exchange also proposes to update the Exchange's policy
(``Policy'') regarding the rental and use of booth space on its trading
floor by TPH organizations. The Exchange memorialized the Policy and
filed it with the Commission in 1994.\6\ The Exchange proposes to
update the Policy in a few respects. First, the Exchange proposes to
change references to ``Chicago Board Options Exchange, Incorporated''
and ``CBOE'' to ``Cboe
[[Page 39146]]
Exchange, Inc.,'' and ``Cboe Options'', respectively to reflect the
Exchange's current legal name which has been updated since the last
update to the Policy. The Exchange also proposes to update the rule
reference relating to the Appeals process from Chapter ``19'' to
Chapter ``15'' to reflect recent updates to the Exchange's rulebook.
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\6\ See Securities Exchange Act Release No. 33972 (April 28,
1994), 59 FR 23242 (May 5, 1994).
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The Exchange notes the Policy includes a section that sets forth
the requirement that all TPH organizations renting Booths execute a
``Trading Floor Booth Rental Agreement'' (hereinafter, ``Agreement'')
which sets forth the contractual terms, conditions and restrictions
governing rental and use of Booths by TPH organizations.\7\ A copy of
the Agreement was included in the Exchange's 1994 rule filing noted
above for the Commission's information.\8\ The Agreement specifically
sets forth the details of the parties' contractual relationship
regarding rental and use of the Booths. Among other provisions, the
Agreement includes specific provisions delineating the termination
rights of both the TPH organization and the Exchange and sets forth a
procedure for adding Booths to and deleting Booths from the Agreement.
The Agreement also spells out requirements respecting the TPH's use of
the Booths, such as those governing the installation of equipment, the
conduct of business, and access of persons to the Booths.
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\7\ The Agreement is non-negotiable and its terms are the same
for every TPH organization.
\8\ See Securities Exchange Act Release No. 33972 (April 28,
1994), 59 FR 23242 (May 5, 1994).
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The Exchange has updated the Agreement (which is now referred to as
the Agreement for ``standard Booths''). In 2012, the Exchange also
created a separate form of the Agreement for non-standard Booths.\9\ In
connection with the proposal to eliminate non-standard Booths, the
Exchange proposes to eliminate use of that agreement. A copy of the
standard form of Agreement is included with this filing in Exhibit 3.
The Exchange proposes to update this section of the Policy to eliminate
references to the non-standard booth agreement. The Exchange also
proposes to update the Agreement to (i) change references to ``Chicago
Board Options Exchange, Incorporated'' and ``CBOE'' to ``Cboe Exchange,
Inc.,'' and ``Cboe Options'', respectively; (ii) update the link to
where the Cboe Options Fees Schedule can be found; (iii) eliminate the
requirement for Cboe to provide TPH organizations with a copy of TPH
Organization's current booth assignments, as it no longer believes such
record is necessary or desired by TPHs; and (iv) eliminate Section 13,
which prohibits TPH Organizations leasing SPX arbitrage Booths from
installing data equipment in such Booths, as the Exchange does not
intend to provide such Booths and to the extent it determines to do so
in the future does not anticipate maintaining such prohibition. The
Exchange will disseminate the updated Policy and forms of the Agreement
to Trading Permit Holders by posting them on the Trading Permit Holder
portion of the Cboe website.
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\9\ See Securities Exchange Act Release No. 66727 (April 9,
2012), 77 FR 21134 (April 3, 2012) (SR-CBOE-2012-025).
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Line to Cboe Floor Network
On the current trading floor, TPHs use various lines and
telecommunications (``telco'') circuits to connect to the trading
floor. Independent wiring must be used for each line or telco circuit,
which means firms may need to relocate their lines or telco circuits if
they move into, or relocate to, a new trading space or Booth. These
telco circuits are also on a per device basis. The new trading floor
will utilize a single floor network (i.e., ``Cboe Floor Network'') for
TPHs' devices consisting of both wired jacks and wireless network
access located at kiosks, in trading pits, and in Booths throughout the
new trading floor. As such, unlike the current trading floor
infrastructure, TPHs will not need to order lines from the Exchange to
specific locations on the floor. Rather, a TPH only needs to order one
Ethernet port (``Line'') (or a pair for redundancy) to connect to the
Cboe Floor Network and will be able to connect their devices to the
Exchange's network anywhere on the trading floor through wired jack
ports or the wireless network. Additionally, firms will no longer need
to provide network equipment to support dedicated lines to the floor,
as on the new trading floor the Exchange will be providing the network
switches and local area network (LAN) lines for all firms.
The Exchange believes the new trading floor will provide TPHs more
flexibility to move and relocate as needed, as compared to the current
trading floor. If a TPH wishes to relocate trading spaces or trading
booths on the current trading floor, it could trigger installation,
relocation and removal of various lines and circuits, which
subsequently triggers various installation, relocation and removal
fees.\10\ For example, on the current trading floor, if a Market-Maker
were to move to a new trading space, it may need relocate the lines or
circuits from its current space to the new space and would be subject
to relocation fees such as $129 relocation fee to relocate any
Exchangefones and $200 relocation fee for relocation of any Market-
Maker Handheld Terminal.\11\ As another example, if a TPH were to
relocate to a new Booth, they may be subject to relocation fees of $625
for relocating lines from the trading floor to local carriers or the
Communications Center.\12\ Since all network access will be wireless or
plug and play at any location on the new trading floor, the new
infrastructure eliminates the need for installation of multiple lines,
as well as relocation and removal of connectivity lines to devices and
also renders the following Lines fees (including fees relating to
installation, relocation and removal) obsolete: Intra-Floor, Voice
Circuits, Appearances, Data Circuits at Local Carrier, and Data
Circuits at In-House Frame. The Exchange therefore proposes to instead
adopt a monthly fee of $350 per Line and notes it does not expect TPHs
to purchase more than one Line and one redundant Line. The Exchange
also proposes to adopt a one-time $500 installation fee for the
installation of the line to the Cboe Floor Network. The proposed $500
installation fee would include installation of a redundant line at no
additional cost and allows the Exchange to recoup the costs it incurs
from third-party vendors for the installation of the Lines.
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\10\ See Cboe Options Fees Schedule, Lines Table.
\11\ See Cboe Options Fees Schedule, Communications Table,
Exchangefone and Miscellaneous Table, Market-Maker Handheld Terminal
Tethering Services.
\12\ See Cboe Options Fees Schedule, Lines Table, Lines Direct
from Local Carrier to Trading Floor and Lines Between Communication
Center and Trading Floor.
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Co-Location and Meet-Me-Room
For a monthly fee, the Exchange currently provides TPHs (and third-
party vendors, collectively ``firms'') with cabinet space in its
building for placement of network and server hardware. Particularly,
TPHs are charged a monthly fee of $50 per ``U'' of shelf space \13\ and
Sponsored Users \14\ are assessed a monthly fee of $100 per ``U''. Fees
are charged in increments of 4 ``U'' (i.e., a minimum of $200 per 4
``U'' is charged or, for Sponsored Users, a minimum of $400 per 4 ``U''
is charged). A firm also receives power, cooling, security and
assistance with installation and connection of the
[[Page 39147]]
equipment to the Exchange's servers, at no additional charge.
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\13\ The term ``U'' is used to indicate an equipment unit 1.75''
high with a maximum power of 125 watts per U space. Per the Fees
Schedule, Co-Location fees are charged in increments of 4 ``U'' (7
inches).
\14\ See Cboe Options Rule 3.60.
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The Exchange will continue to provide firms cabinet space in the
new facility (``Meet-me-Room'') for placement of network and server
hardware at the same rate of $50 per ``U'', billed in increments of 4
``U''. The Exchange proposes however to eliminate the separate rate for
Co-Location of Equipment Fee for Sponsored Users, as the Exchange does
not currently have any Sponsored Users, nor has it had any Sponsored
users in several years. As such, the Exchange no longer believes its
necessary to maintain a separate rate for Sponsored Users.\15\ The
Exchange also proposes to relocate the ``Co-Location'' section in the
Fees Schedule to immediately follow the ``Lines'' section in the Fees
Schedule, as it believes such fees are more appropriately grouped
together and will make the Fees Schedule easier to read and follow. The
Exchange also believes it will make the Fees Schedule easier to read
and follow if it reflects the rate of the minimum increment charged,
instead of a broken-out rate that can never be assessed. As noted
above, the Fees Schedule currently sets forth the monthly rate per
``U'' (i.e., ``$50 per ``U''), even though it states it only charges in
increments of 4 ``U'' (i.e., fee is really $200 per 4 ``U''). The
Exchange will continue to charge in increments of 4 ``U'' in the new
facility and therefore proposes to update the fee language in the
relocated line item to reflect the rate for the minimum increment of 4
``U''. Despite this language change, the Exchange reiterates it is not
changing the amount assessed for the Co-Location of Equipment Fee.
Within the new Meet-me-Room however, the Exchange is proposing to limit
firms to 8 ``U'' in order to ensure all firms can be accommodated in
the Meet-me-Room.
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\15\ To the extent the Exchange has Sponsored Users in the
future, such participants will be assessed the same rate as all
other firms (i.e., $50 per ``U'', billed in minimum increments of 4
``U'').
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The Exchange next proposes to adopt monthly and installation fees
for cross connects, including telecommunication (i.e., telco) and Cboe
Floor Network cross connects,\16\ within the Meet-Me-Room.
Particularly, each cross connect will be subject to a $25 per month per
cross connect fee. Additionally, firms will be subject to a one-time
$500 installation fee for each cross connection. The Exchange notes
that currently it assesses third-party vendors a $50 per month fee for
``Data Circuits from Local Carrier to Equipment Shelf'' which offers
similar cross-connectivity from Local Carriers (telco providers) to a
firm's equipment shelf in the current meet-me-room. The Exchange no
longer will use data circuits from Local Carriers to equipment on the
shelf and proposes to therefore eliminate this fee (currently under the
Vendor Services section) from the Fee Schedule.
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\16\ The Exchange offers fiber cross connect. The cross connects
may run between a firm's hardware to a third-party
telecommunications service or the Cboe Floor Network switches that
will service the trading floor.
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The Exchange next proposes to adopt a fee relating to accessing the
Meet-me-Room. Particularly, in order for a firm to access the Meet-me-
Room (e.g., if they need technical support), they must request access.
The Exchange notes that because the Meet-me-Room now resides in a
facility not owned by the Exchange, the Exchange is assessed a fee by a
third-party for providing firms access to the Meet-me-Room. The
Exchange therefore proposes to adopt a fee to recoup fees it is billed
for providing this access (``Cboe Datacenter Services''). Specifically,
the Exchange proposes to assess a fee of $100 per half-hour (with a 1
hour minimum required). The Exchange also proposes to waive this fee
for the month of June 2022. Particularly, the Exchange understands that
firms may have a greater need during the first month of operations on
the new trading floor to visit the Meet-me-Room. The proposed waiver
therefore allows firms to respond to any potential issues that may
arise in the Meet-me-Room during the first month at no additional cost.
The Exchange anticipates that firm requests for this type of access
will be infrequent thereafter. The Exchange also notes that it
similarly assesses fees for various third-party technical support or
vendor services on the current trading floor.\17\ However, these
services will no longer be available in the new facility and the
Exchange therefore proposes to eliminate the following corresponding
fees: Technical Support Outside Normal Hours, IPC (vendor) Time &
Material, IPC (vendor) Time & Material Overtime, After Hours Technician
Service, Market-Maker Handheld Tethering Services, and Market-Maker
Handheld Tethering Services For Indexes.
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\17\ See Cboe Options Fees Schedule, Vendor Services, Technical
Support Outside Normal Hours, and Miscellaneous, IPC (vendor) Time &
Material, IPC (vendor) Time & Material Overtime, After Hours
Technician Service, Market-Maker Handheld Tethering Services, and
Market-Maker Handheld Tethering Services For Indexes.
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Trading Floor Device Fees
The Exchange currently lists various fees under the Trading Floor
Terminal Rentals section of the Facility Fees table.\18\ For example,
TPHs are currently assessed $125 per month for ``PAR Workstations'' to
help offset hardware costs incurred by the Exchange in making PAR
workstations available to TPHs. A PAR (Public Automated Routing System)
Workstation is an Exchange-provided order management tool for use on
the Exchange's trading floor by TPHs and PAR Officials to manually
handle orders pursuant to the Rules and facilitate open outcry trading.
Access to PAR is only available on Exchange-provided tablets (currently
Surface Tablets) and the current monthly fee covers both the Exchange-
provided tablet and PAR access. In connection with the transition to
the new trading floor, the Exchange proposes to modify the way it
assesses fees for use of PAR \19\ and also adopt fees for non-Exchange
provided tablets that connect to the Exchange's network. Particularly,
the Exchange proposes to adopt a separate monthly Exchange Tablet fee
of $140 for any tablet provided by the Exchange and a separate monthly
fee of $45 to access PAR. TPHs will continue to utilize PAR on the new
trading floor, which will continue to only be available on Exchange-
provided tablets. Exchange tablets used for PAR may also be used for
access to Silexx.\20\
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\18\ The Exchange proposes to rename this section ``Trading
Floor Device Fees''.
\19\ The Exchange proposes to replace the reference to ``PAR
Workstation'' to ``PAR Access''. Particularly, the current version
of PAR is no longer a physical touch screen terminal (i.e.,
workstation) but an order management tool that can be accessed on a
tablet such as a Surface.
\20\ Silexx is a User-optional order entry and management
trading platform. The Silexx platform consists of a ``front-end''
order entry and management trading platform (also referred to as the
``Silexx terminal'') for listed stocks and options that supports
both simple and complex orders, and a ``back-end'' platform which
provides a connection to the infrastructure network. The Silexx
front-end and back-end platforms are a software application that is
installed locally on a user's laptop.
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The Exchange also proposes to adopt a separate Exchange Tablet fee
as TPHs will have the option of using Exchange-provided tablets for
Cloud9, which is the new telecommunication system that will be offered
by the Exchange on the new trading floor.\21\ The Exchange notes that
TPHs have the option of using their own tablet to access Cloud9 in lieu
of using an Exchange-provided tablet. Such tablets would be subject to
the
[[Page 39148]]
``TPH-Owned Device Authentication Fee'' described more fully below.
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\21\ Cloud9 is the voice communication solution for the new
trading floor. Cloud9 is a VoIP cloud-based service offering a
traditional turret, the Cloud Hub. The Cloud Hub will be provided by
Cboe and will need to connect to a laptop or device provided either
by the TPH or by Cboe. TPHs may not use the same Exchange Tablet for
both PAR and Cloud9.
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On the new trading floor TPHs will be able to use a variety of
devices such as tablets, laptops, Market-Maker handheld devices,
printers, and phone systems. TPHs will be able to connect these devices
to the Exchange's network anywhere on the trading floor through wired
jack ports or the wireless network on the trading floor, as long as
they are onboarded to the Cboe Network Authentication System. The
Exchange proposes to assess a fee for TPH-owned devices that connect to
the Exchange's network on the new trading floor (``TPH-Owned Device
Authentication Fee''). Particularly, the Exchange proposes to assess a
fee of $100 per authenticated connection (i.e., when a device connects
to the wired jack and/or wireless network on the trading floor).\22\
The proposed fee will be based on the maximum number of concurrent
authenticated connections made during market hours during the calendar
month. As discussed above, the Exchange believes the new trading floor
provides TPHs more flexibility to move and relocate any of their
devices by eliminating the need for installation, relocation and
removal of connectivity lines to devices. Consequently, corresponding
monthly, installation, relocation and removal fees will also be
eliminated on the new trading floor.
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\22\ For example, a TPH that connects to Cloud9 using its own
laptop would be assessed $100 per month for that connection. If that
same TPH chooses to connect an additional laptop and a printer to
the network, that TPH will be assessed a total of $300 per month
(i.e., $100 for each of the tablet used for Cloud9, the laptop and
the printer).
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Replacement Fees
The Exchange currently assesses fees related for certain hardware
that needs to be replaced because of loss or because of non-normal wear
and tear. Particularly, the Exchange assesses the following replacement
fees:
Replacement Tablet........................ $1,300 each.
Replacement Stylus Pen.................... $100 each.
Replacement Chargers...................... $75 each.
Replacement Adapters and Protective Cases. $50 each
The Exchange proposes to maintain these replacement fees on the new
trading floor. However, the Exchange proposes to increase the fee to
replace a table from $1,300 per tablet to $1,400 per tablet to reflect
increased costs to the Exchange. The Exchange also proposes to adopt a
new replacement fee for lost Access Badges at the rate of $100 per
badge in order to encourage TPHs to hold onto their badges and not
misplace them.
Obsolete Fees
The Exchange next proposes to eliminate fees assessed for
technology and infrastructure and related services that will be
rendered obsolete upon the transition to the new trading floor.
Particularly, the Exchange proposes to eliminate the following fees
that have not otherwise been discussed above:
------------------------------------------------------------------------
Description Fee
------------------------------------------------------------------------
Arbitrage Phone Positions............. $550/month.
HP Laser Printer Paper................ $5.00 per packet of 500 sheets.
Zebra Printer Papers.................. $19.50 per roll.
Zebra Printer Ink..................... $19.50 per roll.
Forms Storage......................... $11.
Exchangefone.......................... $935/installation; $129/
relocation; $100/removal.
Exchangefone--Maintenance............. $57/month.
Exchangefone--With Recorded Coupler $126/relocation.
Between Booths.
Exchangefone--Within Booth............ $25/relocation.
Single Line--Maintenance.............. $11.50/month
Phone Rentals--Monthly Fee............ $110/month.
Phone Rentals--Replacement Repairs.... cost.
Lines--Intra Floor.................... $57.75/per month.
Lines--Voice Circuits................. $16/month; $52.50/installation;
$36.75/removal.
New Circuits--First................... $120/installation; $50/removal.
New Circuits--@Additional............. $18/installation; $18/removal.
Existing Line Appearance--First....... $50/installation; $25/removal.
Existing Line Appearance--A Additional $18/installation: $18/removal.
Data Circuits (DC) at Local Carrier $16/month; $52.50/installation;
(entrance). $36.75 removal.
DC @In-House Frame--Lines between $12.75/month; $550/installation.
Local Carrier and Comms Center.
DC @In-House Frame- Lines Between $12.75/month; $725/installation;
Comms Center and Trading Floor. $625/relocation.
DC @In-House Frame--Lines Direct from $12.75/month; $725/installation;
Local Carrier to Trading Floor. $625/relocation
Shelf for Equipment................... $100/month.
Lines from Equipment to Floor......... $50/month.
Handsets.............................. $79/installation.
Headset Jack.......................... $131/installation; $58
relocation; $28/removal.
Recorder Coupler...................... $150 new/$50 existing
installation; $25/relocation;
$25/removal.
Thomson/Other (Basic Service)......... $425/month.
Satellite TV.......................... $50/month.
Cboe Options Trading Floor Terminal... $250/month; $175/installation;
$225 relocation; $125/removal.
Trading Floor Printer Maintenance \23\ $75/month.
------------------------------------------------------------------------
The Exchange also proposes to eliminate all PULSe Workstation fees
as PULSe was decommissioned in January 2021, but the Exchange
inadvertently did not delete references to PULSe-related fees at that
time.
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\23\ The Exchange proposes to eliminate a corresponding
reference in Footnote [sic] 40 to Trading Floor Printer Maintenance
in light of the proposal to eliminate this fee.
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Temporary Fees
In June 2020, the Exchange adopted Footnote 24 of the Fees Schedule
to govern pricing changes that would apply for the duration of time the
Exchange trading floor was being operated in a modified manner in
connection with the COVID-19 pandemic. By way of background, the
Exchange closed its trading floor on March 16, 2020 due to the COVID-19
[[Page 39149]]
pandemic and reopened its trading floor on June 15, 2020, but with a
modified configuration of trading crowds in order to implement social
distancing and other measures consistent with local and state health
and safety guidelines to help protect the safety and welfare of
individuals accessing the trading floor. As a result, the Exchange
relocated and modified the physical area of certain trading crowds and
also determined and reduced how many floor participants may access the
trading floor. In connection with these changes, the Exchange proposed
a number of modified billing changes that would remain in place for the
duration of the time the Exchange operated in a modified manner.
Particularly, the following fees are modified when the Exchange is
operating in a modified state due to the COVID-19 pandemic:
------------------------------------------------------------------------
------------------------------------------------------------------------
Trading Permits............... Floor trading permit fees are not be
assessed on the total number of floor
trading permits a TPH organization
holds, and instead are based on the
floor trading permits used by nominees
of the TPH each day during the month
using the following formula: (i) the
number of floor trading permits that
have a nominee assigned to it in the
Customer Web Portal system (``Portal'')
in a given month, multiplied by the
number of trading days that the floor
is open and that a nominee is assigned
to each respective trading permit in
that month, divided by (ii) the total
number of trading days in a month. The
Exchange rounds up to determine the
total number of trading permits
assessed the fees set forth in the
Floor Trading Permit Sliding Scales.
SPX Tier Appointment Fee...... The monthly fee for the SPX/SPXW Floor
Market-Maker Tier Appointment Fee will
be increased to $5,000 per Trading
Permit from $3,000 per Trading Permit.
Inactive Nominee Status $300 Parking Space Fees is not applied.
(Parking Space).
Inactive Nominee Status Change $100 Trading Permit Swap Fee is not
(Trading Permit Swap). applied.
SPX/SPXW and SPESG Floor SPX/SPXW and SPESG Floor Brokerage Fees
Brokerage Fees. are be assessed the rate of $0.05 per
contract for non-crossed orders and
$0.03 per contract for crossed order
instead of $0.04 and $0.02,
respectively.
Facility Fees................. Monthly fees are waived for the
following facilities fees: arbitrage
phone positions and satellite tv. If a
TPH is unable to utilize designated
facility services while the trading
floor is operating in a modified state,
corresponding fees, including for
standard and non-standard booth
rentals, Exchangefone maintenance,
single line maintenance, intra floor
lines, voice circuits, data circuits at
local carrier (entrance), and data
circuits at in-house frame, are waived.
------------------------------------------------------------------------
The Exchange notes that while the current floor still utilizes
social distancing and reconfigured trading crowds (and therefore is
considered to be operating in a modified manner), it does not believe
it to be necessary to implement such safety measures on the new trading
floor at the time of transition given recent developments relating to
the COVID-19 pandemic. As such, upon moving to the new trading floor on
June 6, 2022, the Exchange will no longer be operating in a modified
manner and Footnote 24 would not apply. The Exchange notes that absent
a proposed rule change however, the Exchange would have to apply
certain billing modifications under Footnote 24 for the first three
business days of the calendar month. The Exchange therefore proposes to
provide in Footnote 24 that it will not apply between June 1, 2022
through June 3, 2022 in order to provide seamless billing in the month
of June 2022. Accordingly, effective June 1, 2022: (1) Floor Trading
Permit fees will be assessed based on the total number of floor trading
permits a TPH holds each month; (2) Parking Space and Trading Swap fees
will no longer be waived; and (3) SPX/SPXW and SPESG Floor Brokerage
fees will be assessed $0.04 per contract for non-crossed orders
(instead of $0.05 per contract) and $0.02 per contract for crossed
orders (instead of $0.03 per contract). As noted above, arbitrage phone
positions, satellite tv, Exchangefone maintenance, single line
maintenance, intra floor lines, voice circuits, data circuits at local
carrier (entrance), and data circuits at in-house frame are being
eliminated as of June 1, 2022 so the Exchange proposes to also
eliminate references to such fees from Footnote 24. The Exchange also
proposes to maintain the current modified rate of $5,000 for the SPX
Floor Tier Appointment Fee under Footnote 24 (i.e., increase the fee
from $3,000 per permit to $5,000 permit regardless of whether the
Exchange is operating in a modified state due to COVID-19 pandemic).
The Exchange notes that it has not amended the original Tier
Appointment Fee since its inception almost twelve years ago in July
2010.\24\
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\24\ See Securities Exchange Act Release No. 62386 (June 25,
2010), 75 FR 38566 (July 2, 2010) (SR-CBOE-2010-060).
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2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\25\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \26\ requirements that the rules of an exchange be
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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \27\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------
\25\ 15 U.S.C. 78f(b).
\26\ 15 U.S.C. 78f(b)(5).
\27\ Id.
---------------------------------------------------------------------------
As discussed above, the proposed changes are prompted by the
Exchange's upcoming transition from its current trading floor, which it
has occupied since the 1980s, to a brand new, modern and upgraded
trading floor in a new facility. The Exchange believes the build out of
a new modern trading floor is consistent with its commitment to open
outcry trading and focus on providing the best possible trading
experience for its customers. Indeed, the new trading floor provides a
state-of-the-art
[[Page 39150]]
environment and technology and more efficient use of physical space,
which the Exchange believes better reflects and supports the current
trading environment. The Exchange also believes the new infrastructure
provides a cost-effective, streamlined, and modernized approach to
floor connectivity. As described above, the upcoming transition will
render much of the Exchange's current trading floor technology and
infrastructure obsolete, as it will be replaced by new infrastructure
in a new location (not owned by the Exchange). As such, the Exchange
believes the proposed modifications to corresponding facility fees are
not only necessary, but reasonable, equitable and not unfairly
discriminatory as further discussed below. The Exchange also believes
the proposed rule change results in a streamlined and simplified
trading floor and facility fee structure.
Booth Fees
The Exchange believes the proposed Booth Fees are reasonable as
they are not a significant departure from fees currently assessed for
Booths on the current trading floor (and in some instances are even
lower than currently assessed). Additionally, the Booths on the new
trading floor will be slightly larger than the standard Booths
available on the current trading floor. The proposed fees are also in
line with similar fees charged currently and historically at other
exchanges with a physical trading floor.\28\ The Exchange believes that
the proposed booth space fee is equitable and not unfairly
discriminatory because it applies uniformly to trading floor
participants who choose to rent Booths (and all booths are uniform and
nearly identical in size). Moreover, the use of Booths, whether located
away from or in a trading crowd, are optional and not necessary in
order to conduct open outcry trading on the trading floor.
---------------------------------------------------------------------------
\28\ In 2011, Nasdaq PHLX charged a flat $300 per month fee for
Trading/Administrative Booth paid by floor brokers and clearing
firms. See Securities Exchange Act Release No. 34-66086 (January 3,
2012), 77 FR 1111 (January 9, 2012) (SR-Phlx-2011-181). NYSE
American currently assesses $40 per linear foot per month for all
booth space utilized by such Floor Broker.
---------------------------------------------------------------------------
The Exchange believes the proposed rule changes to the Booth Policy
and Agreement make non-substantive changes that merely clarify the
Policy and Agreement, make it more accurate, and alleviate potential
confusion, thereby removing impediments to and perfecting the mechanism
of a free and open market and a national market system, and, in
general, protecting investors and the public interest. The Exchange
believes that notwithstanding any of the proposed changes, the Booth
Policy and Agreement continues to ensure that trading floor Booths are
leased to TPH organizations on equal and non-discriminatory terms.
Line to Cboe Floor Network
The Exchange believes the proposed Line to Cboe Floor Network fee
is reasonable as TPHs will not be subject to the current lines and
circuit fees set forth in the Fees Schedule, including for relocation
and removal, that are assessed on the current trading floor for similar
connectivity to the trading floor network. Additionally, unlike the
current floor which requires independent wiring be used for each line
or circuit and on a per device basis, the new trading floor will allow
TPHs to maintain one Line (or 2 for redundancy purposes). Moreover, as
discussed above, firms will no longer need to provide network equipment
to support dedicated lines to the floor, as on the new trading floor,
the Exchange will be providing the network switches and local area
network (LAN) lines for all firms. Accordingly, the new trading floor
will provide TPHs more flexibility to move and relocate as needed and
be able to do so without incurring additional relocation and removal
fees. The Exchange also notes other exchanges assess a variety of
facility fees relating to connectivity and equipment in order to
maintain their trading floor facilities.\29\ The Exchange believes the
proposed installation fee is also reasonable as the Exchange is
recouping costs it incurs from a third party with respect to the
installation of such Lines. The proposed fee also includes a redundant
Line at no additional cost. The Exchange believes the proposed monthly
and installation Line fees are equitable and not unfairly
discriminatory as they will apply uniformly to all trading floor
participants.
---------------------------------------------------------------------------
\29\ For example, Nasdaq PHLX assesses a Floor Facility Fee of
$330 per month for such purpose. See Securities Exchange Act Release
No 69672 (June 5, 2013), 78 FR 33873 (May 30, 2013) (SR-PHLX-2013-
58). Nasdaq PHLX also assesses a variety of options trading floor
fees including for equipment services and relocation requests. See
Nasdaq PHLX Options 7 Pricing Schedule, Section 9. Other Member
Fees, A. Option Trading Floor Fees. See also NYSE America Options
Fees Schedule, Section IV, Monthly Floor Communication,
Connectivity, Equipment and Booth or Podia Fees and NYSE Price List,
Equipment Fees.
---------------------------------------------------------------------------
Co-Location and Meet-Me-Room
The Exchange believes it is reasonable to cap all TPHs and non-TPHs
to 8 ``U'' because the Exchange no longer owns the premises in which
the Meet-me-Room resides and there is finite amount of space. The
proposed cap however applies to all TPHs and non-TPHs uniformly.
Additionally, the Exchange believes 8 ``U'' should be sufficient amount
of space for any TPH or non-TPH and that with such cap in place there
is sufficient space to accommodate all TPHs or non-TPHs who request co-
location service. The Exchange believes it's reasonable, equitable and
not unfairly discriminatory to eliminate the Co-Location of Equipment
Fee for Sponsored Users as it has not had any Sponsored Users in
several years. If the Exchange were to approve a Sponsored User, such
participant would merely be subject to the remaining (and lower) Co-
Location of Equipment Fee (i.e., $200 per 4 ``U''). The Exchange
believes the proposed relocation and language updates to the current
Co-Location fee are reasonable as the Exchange is not proposing to
change the amount assessed but is merely updating and simplifying the
Fees Schedule and making it easier to read.
The Exchange believes the proposed $25 per cross-connect monthly
fee is reasonable as it is a modest fee that is a pass-through of the
fee the Exchange is assessed by a third-party to maintain such cross
connect. Additionally, the Exchange notes third-party vendors such as
telecommunication providers will no longer be subject to the $50 per
month fee for ``Data Circuits from Local Carrier to Equipment Shelf''.
Additionally, the Exchange believes the proposed amount is in line (and
lower than) the amount assessed by another exchange for similar cross
connects.\30\ The proposed cross connect installation fee is also
reasonable as it is intended to recoup the fees incurred by the
Exchange by third-party vendors for establishing the cross connects.
The Exchange believes the proposed monthly and installation cross
connect fees are also reasonable, equitable and not unfairly
discriminatory as they apply uniformly to similarly situated market
participants.
---------------------------------------------------------------------------
\30\ See Nasdaq PHLX Options 7 Pricing Schedule, Section 9.
Other Member Fees, A. Option Trading Floor Fees, Cabinet-to-Cabinet
Connectivity and Cabinet-to-Cabinet MPOE Connectivity, which are
both subject to a $50 per month fee.
---------------------------------------------------------------------------
The Exchange believes the proposed Cboe Datacenter Services fee is
reasonable as it recoups the costs the Exchange incurs for providing
access to the Meet-me-Room for firms for purposes such as on-site
support.
[[Page 39151]]
Additionally, the Exchange proposes to waive the fee for the month of
June 2022, so that visits to the Meet-me-Room to address any onboarding
questions or issues that may arise during the first month in the new
facility are free of charge. Moreover, as noted above, the Exchange
does not anticipate that access to the Meet-me-Room will be needed on a
frequent basis. The Exchange believes the proposed fee is also
equitable and not unfairly discriminatory as it will apply uniformly to
all market participants that request this service, and the fee will be
waived for all market participants for the month of June 2022.
Trading Floor Devices
The Exchange believes the proposed changes related to the PAR fee
are reasonable as the combined proposed fees for using PAR (i.e.,
Exchange Tablet fee and PAR Access fee) are modestly higher than the
fee TPHs are currently assessed for use of PAR. The Exchange notes that
although TPHs that use PAR will be subject to a modestly higher fee,
the PAR Workstation fee has remained unchanged for over eleven years,
notwithstanding technology changes and improvements over the last
decade, including for example, the ability to also access Silexx from
the same tablet on which PAR is accessed.\31\ Moreover, the Exchange
notes the proposed fee is still lower than fees assessed at other
exchanges for trading floor terminals. For example, NYSE American
assesses $450 per device per month for Floor Broker Handheld and an
additional $215 per month per Exchange sponsored Floor Broker order
entry system.\32\ The Exchange believes the proposed Exchange Tablet
fee is also reasonable as TPHs may, but do not have to, use an Exchange
Tablet to access Cloud9. Indeed, they may use their own TPH-owned
device for purposes of accessing Cloud9 and be subject to the
alternative, and lower, TPH-Owned Device Authentication Fee.
---------------------------------------------------------------------------
\31\ See Securities Exchange Act Release No. 63701 (January 11,
2011), 76 FR 2934 (January 18, 2011) (SR-CBOE-2010-116).
\32\ See also NYSE America Options Fees Schedule, Section IV,
Monthly Floor Communication, Connectivity, Equipment and Booth or
Podia Fees.
---------------------------------------------------------------------------
The Exchange believes the proposed PAR Access fee is equitable and
not unfairly discriminatory as it applies to all TPHs using PAR.
Moreover, the proposed changes enable the Exchange to offer Exchange-
provided tablets for a separate monthly fee to TPHs that wish to use
them for Cloud9, which is the Exchange's new telecommunications system
that it will offer on the new trading floor. Currently, TPHs are
subject to various communication fees including monthly fees,
installation fees, relocation fees and removal fees which will no
longer be assessed by the Exchange as the Exchange's current
communications offerings will be rendered obsolete upon the transition
to the new trading floor.\33\
---------------------------------------------------------------------------
\33\ See Cboe Options Fee Schedule, Communications Fees.
---------------------------------------------------------------------------
The Exchange believes the proposed TPH-Owned Device Authentication
Fee is reasonable as the proposed fee is lower than the proposed fee
assessed for Exchange Tablets which may alternatively be used if a TPH
is looking to access Silexx or Cloud9. Additionally, the Exchange
believes it's reasonable to assess TPHs a monthly fee for access to its
network. Moreover, the Exchange believes the new trading floor provides
TPHs more flexibility to move and relocate any of their devices by
eliminating the need for installation, relocation and removal of
connectivity lines to devices and consequently, corresponding monthly,
installation, relocation and removal fees. The proposed fee also
applies to all TPHs accessing the Cboe floor Network from their own
device.
Replacement Items
The Exchange believes the proposed change to increase the tablet
replacement fee is reasonable as the proposed amount better reflects
the approximate cost to the Exchange to provide a replacement tablet to
TPHs. Additionally, the Exchange believes adopting a $100 fee for
replaced access badges is reasonable as the Exchange believes it will
incentivize TPHs to keep track of their access badges and reduce the
need for the Exchange to expend resources to print additional
replacement badges. The Exchange believes these changes are also
reasonable, equitable and not unfairly discriminatory because TPHs that
lose these items or damage these items from non-normal wear or tear
should be responsible for the cost of replacement. The Exchange
believes the proposed fees will encourage TPHs to take proper care and
track of these items. Additionally, the Exchange notes that it will not
charge TPHs to replace defective items (that were not the result of
non-normal wear and tear).
Obsolete Fees
The Exchange believes eliminating the facility fees discussed above
is reasonable as such corresponding services and architecture will be
rendered obsolete upon transitioning to the new trading floor.
Additionally, the Exchange believes the proposed new fee structure as
compared to the fees being eliminated provides for a more streamlined
and simplified approach to facility fees. The Exchange believes the
proposed elimination of these fees is equitable and not unfairly
discriminatory as it will apply uniformly to all TPHs. The proposal to
eliminate references to these fees in Footnote 12, 24 and 50 also
maintains clarity in the Fees Schedule and avoids potential confusion.
Footnote 24
The Exchange believes it's reasonable to provide that Footnote 24
will not apply during the period of June 1-June 3, 2022 in order to
provide seamless billing in the month of June 2022. Particularly, as
discussed above, on June 6, 2022, the Exchange will no longer be
operating in a modified state due to the COVID-19 pandemic as the
Exchange will no longer be maintaining a modified configuration of
trading crowds to implement social distancing nor will it reduce or
limit how many floor participants may access the trading floor.
Accordingly, because the Exchange will not be considered to be
operating in a modified configuration as of June 6, 2022, Footnote 24
will no longer be applicable and the modified billing practices will
revert back to original billing. However, because the Exchange will be
operating in a modified state between June 1-June 3, 2022, absent a
proposed rule change, Footnote 24 would still apply thereby subjecting
TPHs to disparate billing for only three trading days of the month. The
Exchange therefore believes the proposed change is reasonable,
especially given the short amount of time Footnote 24 would otherwise
apply. The Exchange believes its proposal to maintain the current
modified rate of $5,000 for the SPX Floor Tier Appointment Fee under
Footnote 24 (i.e., increase the fee from $3,000 per permit to $5,000
permit regardless of whether the Exchange is operating in a modified
state due to COVID-19 pandemic) \34\ is reasonable because the proposed
amount is not significantly higher than was previously assessed.
Additionally, the Exchange notes that it has not amended the Market-
Maker SPX Tier Appointment Fee since such fee was adopted nearly
[[Page 39152]]
twelve years ago in July 2010.\35\ The proposed change also is
equitable and not unfairly discriminatory as it applies to all
similarly situated TPHs.
---------------------------------------------------------------------------
\34\ The Exchange proposes to eliminate this language from
Footnote 24 as it will no longer be considered a ``modified'' rate,
and instead update the rate reflected in the Market-Maker Tier
Appointment Fees table.
\35\ See Securities Exchange Act Release No. 62386 (June 25,
2010), 75 FR 38566 (July 2, 2010) (SR-CBOE-2010-060).
---------------------------------------------------------------------------
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. The Exchange does not
believe that the proposed rule changes will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed changes
would be applied in the same manner to all similarly situated
participants and as such, would not impose a disparate burden on
competition among the same classes of market participants. As described
in further detail above, the proposed fees are also applicable only to
market participants that choose to avail themselves to the
corresponding facility services. For example, only firms that choose to
rent Booths (which are optional and not required for open-outcry
trading) will be subject to the proposed Booth Fees. Similarly, only
firms that choose to purchase Exchange-provided tablets are subject to
the tablet fee, and firms may otherwise choose to purchase and provide
their own tablets.
The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed rule changes apply only to fees relating to the Exchange's
floor facility. Further, as described in detail above, the Exchange
believes its proposed facilities fees are in line with facility fees
assessed at other exchanges that maintain physical trading floors.
Additionally, the Exchange notes it operates in a highly competitive
market. In addition to Cboe Options, TPHs have numerous alternative
venues that they may participate on and director their order flow,
including 15 other options exchanges (four of which also maintain
physical trading floors), as well as off-exchange venues, where
competitive products are available for trading. Based on publicly
available information, no single options exchange has more than 16% of
the market share of executed volume of options trades.\36\ Therefore,
no exchange possesses significant pricing power in the execution of
option order flow. Moreover, the Commission has repeatedly expressed
its preference for competition over regulatory intervention in
determining prices, products, and services in the securities markets.
Specifically, in Regulation NMS, the Commission highlighted the
importance of market forces in determining prices and SRO revenues and,
also, recognized that current regulation of the market system ``has
been remarkably successful in promoting market competition in its
broader forms that are most important to investors and listed
companies.'' \37\ The fact that this market is competitive has also
long been recognized by the courts. In NetCoalition v. Securities and
Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .''.\38\ Accordingly, the Exchange does not believe its
proposed changes to the incentive programs impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------
\36\ See Cboe Global Markets, U.S. Options Market Volume Summary
by Month (May 31, 2022), available at <a href="http://markets.cboe.com/us/options/market_share/">http://markets.cboe.com/us/options/market_share/</a>.
\37\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
\38\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \39\ of the Act and subparagraph (f)(2) of Rule
19b-4 \40\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------
\39\ 15 U.S.C. 78s(b)(3)(A).
\40\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \41\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------
\41\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------
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
<bullet> Use the Commission's internet comment form (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#e99b9c858cc48a8684848c879d9aa99a8c8ac78e869f"><span class="__cf_email__" data-cfemail="d5a7a0b9b0f8b6bab8b8b0bba1a695a6b0b6fbb2baa3">[email protected]</span></a>. Please include
File Number SR-CBOE-2022-029 on the subject line.
Paper Comments
<bullet> Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-CBOE-2022-029. 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 website (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>).
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
[[Page 39153]]
provisions of 5 U.S.C. 552, will be available for website 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. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2022-029, and should be
submitted on or before July 21, 2022.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\42\
---------------------------------------------------------------------------
\42\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-13943 Filed 6-29-22; 8:45 am]
BILLING CODE 8011-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.