Notice2024-14061
Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule Relating to BOX Connectivity Fees and Port Fees for Trading on the BOX Options Market LLC Facility (“BOX”)
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 27, 2024
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 89 Issue 124 (Thursday, June 27, 2024)</title>
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[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Notices]
[Pages 53676-53681]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14061]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-100398; File No. SR-BOX-2024-16]
Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee
Schedule Relating to BOX Connectivity Fees and Port Fees for Trading on
the BOX Options Market LLC Facility (``BOX'')
June 21, 2024.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 18, 2024, BOX Exchange LLC (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III, below, which Items
have been prepared by the Exchange. The Exchange filed the proposed
rule change pursuant to section 19(b)(3)(A)(ii) of the Act,\3\ and Rule
19b-4(f)(2) thereunder,\4\ which renders the proposal effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(ii).
\4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of Terms of Substance of
the Proposed Rule Change
The Exchange is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to amend the Fee Schedule
relating to BOX Connectivity Fees and Port Fees on the BOX Options
Market LLC (``BOX'') options facility. The text of the proposed rule
change is available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's internet
website at <a href="https://rules.boxexchange.com/rulefilings">https://rules.boxexchange.com/rulefilings</a>.
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
[[Page 53677]]
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 the Fee Schedule for trading on BOX
to increase BOX Connectivity Fees for 10 gigabit (``Gb'') Connections,
Non-10 Gb Connections, Financial Information Exchange (``FIX'') Ports,
SOLA[supreg] Access Information Language (``SAIL'') Ports, Drop Copy
Ports, and High Speed Vendor Feed (``HSVF'') Ports (collectively
``Connectivity and Ports''). Specifically, the Exchange proposes to
increase its fees for Connectivity and Ports in Sections III.A.2 and
III.B of the BOX Fee Schedule.
By way of background, a physical connection is utilized by a
Participant or non-Participant to connect to BOX at the datacenters
where BOX's servers are located. BOX currently assesses the following
physical connectivity fees for Participants and non-Participants on a
monthly basis: $1,000 per connection for a Non-10 Gb Connection and
$5,000 per connection for a 10 Gb Connection. The Exchange proposes to
increase the monthly fee for Non-10 Gb Connections from $1,000 to
$1,200 per connection and from $5,000 to $6,000 monthly fee for each 10
Gb Connection. The Exchange notes the proposed fee change better
enables BOX to continue to maintain and improve its market technology
and services and also notes that the proposed fee amount, even as
amended, continues to be in line with, or lower than, amounts assessed
by other exchanges for similar connections.\5\
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\5\ See Cboe EDGX Exchange, Inc. (``Cboe EDGX'') Options Fee
Schedule (assessing $2,500/month for a 1Gb physical port and $8,500/
month for a 10Gb physical port). The 1Gb physical port is analogous
to the Exchange's Non-10 Gb Connection and the 10Gb physical port is
analogous to the Exchange's 10 Gb Connection. See also Cboe Options
Fee Schedule (10 Gb Physical Port $7,000 per month and 1 Gb Physical
Port $1,500 per month). The 1 Gb Physical Port is analogous to the
Exchange's Non-10 Gb Connection and the 10 Gb Physical Port is
analogous to the Exchange's 10 Gb Connection. See also Nasdaq PHLX
LLC (``Nasdaq Phlx'') Rules, General 8, Section 1 ``Co-Location
Services, Connectivity to the Exchange'' (Fiber Connection to the
Exchange (10Gb Ultra) $15,825 per month and Fiber Connection to the
Exchange (1Gb Ultra) $2,638 per month). The 1Gb Ultra is analogous
to the Exchange's Non-10 Gb Connection and the 10Gb Ultra is
analogous to the Exchange's 10 Gb Connection. See also New York
Stock Exchange LLC, NYSE American LLC, NYSE Arca, Inc., NYSE Chicago
Inc., NYSE National, Inc. Connectivity Fee Schedule (10 Gb LX LCN
Circuit $22,000 per month and IP Network Access 1 Gb Circuit $2,500
per month). The IP Network Access 1 Gb Circuit is analogous to the
Exchange's Non-10 Gb Connection and the 10 Gb LX LCN Circuit is
analogous to the Exchange's 10 Gb Connection. See also MIAX Options
Fee Schedule, Section 5)a) (Primary/Secondary Facility 10 Gigabit
ULL Per Connection $13,500 per month and Primary/Secondary Facility
1 Gigabit Per Connection $1,400 per month). The 1 Gigabit is
analogous to the Exchange's Non-10 Gb Connection and the 10 Gigabit
ULL is analogous to the Exchange's 10 Gb Connection.
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Further, BOX currently provides four types of ports, including: (i)
the FIX Port, which allows Participants to electronically send orders
in all products traded on BOX; (ii) the SAIL Port, which allows Market
Makers to submit electronic quotes and orders and other Participants to
submit orders to BOX; (iii) the Drop Copy Port, which provides a real-
time feed containing trade execution, trade correction, trade
cancellation and trade allocation for regular and complex orders on BOX
for Participants; and (iv) the HSVF Port, which provides a BOX market
data feed for both Participants and non-Participants. The Exchange
notes that Participants must connect to a minimum of one port via FIX
or SAIL and that there is no minimum or maximum number of ports
required for the Drop Copy Port or the HSVF Port.
Current FIX Port fees are as follows:
------------------------------------------------------------------------
FIX ports BOX monthly port fees
------------------------------------------------------------------------
1st FIX Port.............................. $500 per port per month.
FIX Ports 2 through 5..................... $250 per port per month.
Additional FIX Ports over 5............... $150 per port per month.
------------------------------------------------------------------------
Current SAIL Port fees are as follows:
------------------------------------------------------------------------
SAIL ports BOX monthly port fees
------------------------------------------------------------------------
Market Making............................. $1,000 per month for all
Ports.
Order Entry............................... $500 per month per port (1-5
Ports).
$150 per month for each
additional Port.
------------------------------------------------------------------------
The Exchange proposes to increase FIX Port fees as follows:
------------------------------------------------------------------------
FIX ports BOX monthly port fees
------------------------------------------------------------------------
1st FIX Port.............................. $600 per port per month.
FIX Ports 2 through 5..................... $300 per port per month.
Additional FIX Ports over 5............... $180 per port per month.
------------------------------------------------------------------------
The Exchange proposes to increase SAIL Port fees as follows:
------------------------------------------------------------------------
SAIL ports BOX monthly port fees
------------------------------------------------------------------------
Market Making............................. $1,200 per month for all
Ports.
Order Entry............................... $600 per month per port (1-5
Ports).
$180 per month for each
additional Port.
------------------------------------------------------------------------
The Exchange also proposes to increase Drop Copy Ports, currently
$500 per month, to $600 per month for each month a Participant is
credentialed to use a Drop Copy Port. Drop Copy Port fees will remain
capped at $2,000 per month.
The Exchange proposes lastly to increase HSVF Port fees, currently
$1,500 per month, to $1,800 per month for each month a Participant or
non-Participant is credentialed to use the HSVF Port.
The Exchange notes that since these fees were initiated 6 years
ago,\6\ there has been notable inflation. Particularly, the dollar has
had an average inflation rate of 3.69% per year between 2018 and today,
producing a cumulative price increase of approximately 24.3% inflation
since the connectivity and port fees were initiated.\7\ The Exchange
again notes that the proposed fee amounts, even as amended, continue to
be in line with, or lower than, amounts assessed by other exchanges for
similar ports.\8\
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\6\ The 10 Gb and Non-10 Gb Connection fees were initially
effective on July 19, 2018. See Securities Exchange Act Release No.
83728 (July 27, 2018), 83 FR 37853 (August 2, 2018) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend the Fee Schedule on BOX Market LLC (``BOX'') Options Facility
To Establish BOX Connectivity Fees for Participants and Non-
Participants Who Connect to the BOX Network). These fees were
suspended on September 17, 2018 and became effective again on
October 31, 2019. HSVF port fees were increased on January 31, 2018.
See Securities Exchange Act Release No. 82654 (February 7, 2018), 83
FR 6284 (February 13, 2018) (SR-BOX-2018-04) (Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change To Amend Section
VI. (Technology Fees) of the BOX Fee Schedule). SAIL, FIX, and Drop
Copy port fees were established on April 27, 2018. See Securities
Exchange Act Release No. 83197 (May 9, 2018), 83 FR 22567 (May 15,
2018) (SR-BOX-2018-15) (Notice of Filing and Immediate Effectiveness
of a Proposed Rule Change To Amend the Fee Schedule on the BOX
Market LLC (``BOX'') Options Facility To Amend Connectivity Fees and
Establish Port Fees).
\7\ See <a href="https://www.officialdata.org/us/inflation/2010?amount=1">https://www.officialdata.org/us/inflation/2010?amount=1</a>
(calculated from 2018 to April 18, 2024).
\8\ See Cboe C2 Exchange, Inc. (``Cboe C2'') Options Fee
Schedule (assessing $650 per port per month for Logical Ports (BOE,
FIX, Drop) and at least $1,500 per month for Bulk BOE Ports). The
Exchange notes that Bulk BOE Ports are analogous to the Exchange's
SAIL Ports and Logical Ports are analogous to the Exchange's FIX
Ports. See also Nasdaq PHLX LLC (``Nasdaq Phlx'') Rules Options 7,
Section 9 (assessing $650 per month per mnemonic for FIX Ports and
$1,250 per port, per month up to a maximum of $42,000 per month for
SQF Ports). The Exchange notes that SQF Ports are similar to SAIL
Ports. Under the proposal, Market Makers on BOX will be assessed
$1,200 per month for all SAIL Ports, compared to Cboe C2 which
assesses at least $1,500 per month for each Bulk BOE Port and Nasdaq
Phlx which assesses $1,250 per port, per month up to a maximum of
$42,000 per month for SQF Ports. The Exchange notes further that
HSVF Ports allow access to BOX market data and, while BOX assesses
fees for HSVF Ports, it does not assess market data fees. In
contrast, other exchanges assess market data fees. See, e.g., Nasdaq
Phlx Options 7, Section 10 (assessing $2,000 per month for Internal
Distributors of Top of PHLX Options data); Cboe C2 Options Fee
Schedule (assessing a $2,500 per month C2 Options Top Distribution
Fee). The Exchange notes that Nasdaq Phlx and Cboe C2's market data
fees are higher than BOX's proposed HSVF Port fees.
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[[Page 53678]]
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.\9\ Specifically, the
Exchange believes the proposed rule change is consistent with the
section 6(b)(5) \10\ 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) \11\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. The Exchange also believes the proposed rule
change is consistent with section 6(b)(4) \12\ of the Act, which
requires that Exchange rules provide for the equitable allocation of
reasonable dues, fees, and other charges among its Participants and
other persons using its facilities.
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\9\ 15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(5).
\11\ Id.
\12\ 15 U.S.C. 78f(b)(4).
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Specifically, the current connectivity and port fees do not
properly reflect the value of the services and products, as fees for
the services and products in question have been static in nominal
terms, and therefore falling in real terms due to inflation.
Additionally, exchange fees are constrained by the fact that market
participants can choose among 17 different venues for options trading,
and therefore no single venue can charge excessive fees for its
products without losing customers and market share.
The Exchange believes the proposed fee change is reasonable as it
reflects a moderate increase in physical connectivity and port fees for
10 Gb Connections, Non-10 Gb Connections, FIX Ports, SAIL Ports, Drop
Copy Ports, and HSVF Ports. Further, the current connectivity and port
fees have remained unchanged since 2018.\13\ The Exchange notes that
since these fees were initiated 6 years ago, there has been notable
inflation. Particularly, the dollar has had an average inflation rate
of 3.69% per year between 2018 and today, producing a cumulative price
increase of approximately 24.3% inflation since the connectivity and
port fees were initiated.\14\ For example, BOX's datacenter vendor has
increased prices for power and space by 5% per year since at least
2020. Accordingly, the Exchange believes the proposed connectivity and
port fees are reasonable as the increases represent a 20% increase from
the rates adopted 6 years ago, notwithstanding the cumulative inflation
rate of 24.3%. Further, the Exchange notes that the proposed fees
remain in line with, or lower than, amounts assessed by other exchanges
for similar connections and ports.\15\ For the above reasons, the
Exchange believes the proposed change is reasonable. Further, the
Exchange is proposing a 20% fee increase for each connection and port
type and believes that a 20% price increase over a period producing a
cumulative price increase of approximately 24.3% is reasonable because
the Exchange is proposing less than the cumulative price increase. The
Exchange believes that the proposed 20% increase strikes a balance
between market participants' expectations and the rise of inflation.
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\13\ See supra note 6.
\14\ See <a href="https://www.officialdata.org/us/inflation/2010?amount=1">https://www.officialdata.org/us/inflation/2010?amount=1</a>
(calculated from 2018 to April 18, 2024).
\15\ See supra notes 5, 8.
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The Exchange notes that the 2021, 2022, and 2023 inflation rates
were higher than any other year since 1991.\16\ The Exchange believes
that this could not have been reasonably anticipated in 2018 when the
current connectivity fees were established. Therefore, this proposal
attempts to take into account the higher than expected inflation rates
seen since 2021 and the fact that the connectivity fees have not
changed since 2018. The Exchange believes further that it is reasonable
to increase its fees to compensate for inflation because, over time,
inflation has degraded the value of each dollar that the Exchange
collects in fees, such that the real revenue collected today is
considerably less than that same revenue collected in 2018. The
Exchange notes that this inflationary effect is a general phenomenon
that is independent of any change in BOX's costs in providing its goods
and services. The Exchange believes that it is reasonable for it to
offset, in part, this erosion in the value of the revenues it collects.
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\16\ See <a href="https://www.officialdata.org/us/inflation/1990?amount=1">https://www.officialdata.org/us/inflation/1990?amount=1</a>
(calculated from 1990 to June 14, 2024).
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Additionally, the Exchange believes the proposed fee increase is
reasonable in light of recent and anticipated connectivity-related
upgrades and changes. Specifically, BOX has recently replaced trading
servers and added additional servers to increase performance and
capacity, to increase competitiveness, and to support growth. For
example, the rapid growth of trading volumes from 2020 has increased
the number of servers, network devices, and telecommunications lines
required to keep pace with the growth of trade, order, and quote data.
As part of another recent change, BOX deployed additional low latency
network switches and increased its datacenter space. As a result of
these initiatives, BOX increased its overall hardware footprint at the
datacenters which directly results in increased support costs at the
datacenter as well.
The goal of the initiatives discussed above, among other things, is
to provide faster and more consistent order handling and matching
performance for options, while ensuring quicker processing time and
supporting increasing volumes. Accordingly, BOX continuously invests in
improvements that enhance the value of its connectivity services. The
Exchange expended, and will continue to expend, resources to innovate
and modernize technology so that it may benefit its Participants and
continue to compete among other options markets. BOX regularly invests
in efforts to support and optimize its systems to support system
capacity, reliability, and performance.
Further, Participants and non-Participants will continue to choose
the method of connectivity based on their specific needs and no broker-
dealer is required to become a Participant of, let alone connect
directly to, BOX. There is also no regulatory requirement that any
market participant connect to any one particular exchange. Moreover,
direct connectivity is not a requirement to participate on BOX.
Participants may choose to connect indirectly to BOX via a third-party
reseller of connectivity. Additionally, market participants may choose
to connect to other options exchanges. Indeed, there are currently 17
registered options exchanges that trade options, many with higher
[[Page 53679]]
connectivity and port fees.\17\ Based on publicly available
information, no single options exchange has more than approximately 19%
of the market share.\18\ Further, low barriers to entry mean that new
exchanges may rapidly enter the market and offer additional substitute
platforms to further compete with BOX and the products it offers. For
example, there are 4 exchanges that have been added in the U.S. options
markets in the last 6 years (i.e., Nasdaq MRX, LLC, MIAX Pearl, LLC,
MEMX LLC, and MIAX Emerald LLC), and an additional options exchange
that is expected to launch in 2024 (i.e., MIAX Sapphire Exchange).
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\17\ See supra notes 5, 8.
\18\ See Cboe Global Markets U.S. Options Market Volume Summary
(April 17, 2024), available at <a href="https://markets.cboe.com/us/options/market_statistics/">https://markets.cboe.com/us/options/market_statistics/</a>.
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The Exchange notes that both Participants and non-Participants may
purchase connectivity and that either Participants or non-Participants
may resell such connectivity. This indirect connectivity is a viable
alternative for market participants to consume market data from BOX
without connecting directly to BOX (and thus not pay BOX's connectivity
fees), which alternative is already being used by both Participants and
non-Participants and further constrains the price that BOX is able to
charge for connectivity. The Exchange notes that it could, but chooses
not to, preclude resale of its connectivity. The Exchange also chooses
not to adopt fees that would be assessed to third-party resellers on a
per customer basis (i.e., fee based on number of Participants that
connect to BOX indirectly via the third-party). Particularly, these
third-party resellers may purchase BOX's connections and resell access
to such connections either alone or as part of a package of services.
The Exchange notes that multiple Participants are able to share a
single physical connection (and corresponding bandwidth) with other
non-affiliated Participants if purchased through a third-party re-
seller. This allows resellers to mutualize the costs of the connections
for market participants and provide such connections at a price that
may be lower than BOX charges due to this mutualized connectivity.
These third-party sellers may also provide an additional value to
market participants as they may also manage and monitor these
connections. Additionally, clients of these third-parties may also be
able connect from the same colocation facility either from their own
racks or using the third-party's managed racks and infrastructure which
may provide further cost-savings. Further, the Exchange does not
receive any connectivity revenue when connectivity is resold by a
third-party, which often is resold to multiple customers. Given the
availability of third-party providers that also offer connectivity
solutions, the Exchange believes participation on BOX remains
affordable (notwithstanding the proposed fee change) for all market
participants, including smaller trading firms that may be able to take
advantage of lower costs that result from mutualized connectivity.
Accordingly, the vigorous competition among national securities
exchanges provides many alternatives for firms to voluntarily decide
whether direct connectivity to BOX is appropriate and worthwhile, and
as noted above, no broker-dealer is required to become a Participant of
the Exchange, let alone connect directly to it. In the event that a
market participant views BOX's proposed fee change as more or less
attractive than the competition, that market participant can choose to
connect to BOX indirectly or may choose not to connect at all and
connect instead to one or more of the other 16 options markets. As
such, BOX must set its fees, including its fees for connectivity and
ports competitively. If not, customers may move to other venues or
reduce use of the BOX's services. ``If competitive forces are
operative, the self-interest of the exchanges themselves will work
powerfully to constrain unreasonable or unfair behavior.'' \19\
Accordingly, ``the existence of significant competition provides a
substantial basis for finding that the terms of an exchange's fee
proposal are equitable, fair, reasonable, and not unreasonably or
unfairly discriminatory.'' \20\ Disincentivizing market participants
from purchasing BOX connectivity would only serve to discourage
participation on BOX, which ultimately does not benefit BOX. Moreover,
if BOX charges excessive fees, BOX may stand to lose not only
connectivity and port revenues but also other revenues, including
revenues associated with the execution of orders. In summary, the
proposal represents an equitable allocation of reasonable dues, fees
and other charges because BOX's connectivity and port fees have fallen
in real terms and customers have a choice in trading venue and will
exercise that choice and trade at another venue if connectivity and
port fees are not set such that BOX's revenues are sufficient to invest
in a competitive connectivity offering.
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\19\ See Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770 (December 9, 2008) (SR-NYSEArca-2006-21).
\20\ Id.
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As for market participants that determine to continue to maintain
their current connectivity to BOX, or to purchase connectivity for
business purposes, those business reasons presumably result in revenue
capable of covering the proposed fees. Further, for such market
participants that choose to connect to BOX, the Exchange believes the
proposed fees continue to provide flexibility with respect to how to
connect to BOX based on each market participants' respective business
needs. For example, the amount and type of ports are determined by
factors relevant and specific to each market participant, including its
business model, costs of connectivity, how its business is segmented
and allocated, and volume of messages sent to BOX. Moreover, the
Exchange notes that BOX does not have unlimited system capacity and the
proposed fees are also designed to encourage market participants to be
efficient with their respective port usage and discourage the
purchasing of large amounts of superfluous ports. There is also no
requirement that any market participant maintain a specific number of
ports and a market participant may choose to maintain as many or as few
of such ports as each deems appropriate.\21\ Further, market
participants are free to reduce or discontinue use of these ports in
response to the proposed fees.
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\21\ As noted herein, Participants must connect to a minimum of
one port via FIX or SAIL.
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As noted above, there is no regulatory requirement that any market
participant connect to any one options exchange, nor that any market
participant connect at a particular connection speed or act in a
particular capacity on BOX, or trade any particular product offered on
an exchange. Moreover, membership is not a requirement to participate
on BOX. Indeed, the Exchange is unaware of any one options exchange
whose membership includes every registered broker-dealer. By way of
example, while the Exchange has 54 Participants (i.e., members), Cboe
BZX has 61 members that trade options,\22\ Cboe C2 has 52 Trading
Permit Holders (``TPHs'') (i.e.,
[[Page 53680]]
members),\23\ NYSE American Options has 71 members,\24\ NYSE Arca
Options has 69 members,\25\ MIAX Options has 46 members,\26\ and MIAX
Pearl Options has 40 members.\27\ Accordingly, excessive fees would
simply serve to reduce demand for these products, which market
participants are under no regulatory obligation to utilize.
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\22\ See Securities Exchange Act Release No. 100011 (April 23,
2024), 89 FR 33428 (April 29, 2024) (SR-CboeEDGX-2024-021) (Cboe BZX
Exchange, Inc. (options and equities platforms), Cboe BYX Exchange,
Inc., Cboe EDGA Exchange, Inc., and Cboe C2 Exchange, Inc., are also
submitting contemporaneous identical rule filings). See also
Securities Exchange Act Release No. 100119 (May 13, 2024), 89 FR
43446 (May 17, 2024) (SR-Phlx-2024-19).
\23\ Id.
\24\ See <a href="https://www.nyse.com/markets/american-options/membership#directory">https://www.nyse.com/markets/american-options/membership#directory</a>.
\25\ See <a href="https://www.nyse.com/markets/arca-options/membership#directory">https://www.nyse.com/markets/arca-options/membership#directory</a>.
\26\ See <a href="https://www.miaxglobal.com/sites/default/files/page-files/MIAX_Options_Exchange_Members_April_2023_04282023.pdf">https://www.miaxglobal.com/sites/default/files/page-files/MIAX_Options_Exchange_Members_April_2023_04282023.pdf</a>.
\27\ See <a href="https://www.miaxglobal.com/sites/default/files/page-files/MIAX_Pearl_Exchange_Members_01172023_0.pdf">https://www.miaxglobal.com/sites/default/files/page-files/MIAX_Pearl_Exchange_Members_01172023_0.pdf</a>.
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The Exchange believes that the proposed fee changes are not
unfairly discriminatory because the fees are assessed uniformly across
all market participants that voluntarily subscribe to or purchase
connectivity or ports. The Exchange notes that SAIL Port fees are
higher than FIX Port fees, although both types of ports may be used to
enter orders, only SAIL Ports may be used to enter quotes. Thus, a
Market Maker entering quotes will be assessed higher port fees than
another Participant entering orders using a FIX Port. The Exchange
believes that the fee disparity between SAIL Ports and FIX Ports is not
unfairly discriminatory because SAIL Ports allow bulk quotes and Market
Maker functions such as Market Maker Protection. These features allow
Market Makers to maintain and manage large numbers of quotes which
provides unique value to Market Makers.
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. The proposed fee change will
not impact intramarket competition because it will apply to all
similarly situated Participants and non-Participants equally (i.e., all
market participants that choose to purchase connectivity or ports).\28\
The Exchange notes that SAIL Port fees are higher than FIX Port fees,
although both types of ports may be used to enter orders, only SAIL
Ports may be used to enter quotes. Thus, a Market Maker entering quotes
will be assessed higher port fees than another Participant entering
orders using a FIX Port. The Exchange believes that the fee disparity
between SAIL Ports and FIX Ports is not unfairly discriminatory because
SAIL Ports allow bulk quotes and Market Maker functions such as Market
Maker Protection. These features allow Market Makers to maintain and
manage large numbers of quotes which provides unique value to Market
Makers.
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\28\ The Exchange notes that only Participants may purchase FIX
Ports, SAIL Ports, and Drop Copy Ports.
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Additionally, the Exchange does not believe its proposed pricing
will impose a barrier to entry to smaller market participants and notes
that its proposed connectivity pricing is associated with relative
usage of the various market participants. For example, market
participants with modest capacity needs can continue to buy fewer ports
than market participants with greater capacity needs and the less
expensive Non-10 Gb Connection or may choose to obtain access via a
third-party re-seller. Accordingly, the proposed connectivity and port
fees do not favor certain categories of market participants in a manner
that would impose a burden on competition; rather, the allocation
reflects the network resources consumed by the various size of market
participants--lowest bandwidth consuming members pay the least, and
highest bandwidth consuming members pay the most.
The Exchange notes that the proposed fees are still lower than many
fees for similar connectivity and ports on other exchanges and
therefore may stimulate intermarket competition by attracting
additional firms to connect to BOX or at least should not deter
interested market participants from connecting directly to BOX. The
Exchange believes that this fee increase will not impose any burden on
intermarket competition not necessary or appropriate in furtherance of
the purposes of the Act. The Exchange believes further that, without
this fee increase, it is potentially at a competitive disadvantage to
certain other exchanges that have in place higher fees for similar
services. Further, if the changes proposed herein are unattractive to
market participants, BOX can, and likely will, see a decline in
connectivity and ports as a result. The Exchange operates in a highly
competitive market in which market participants can determine whether
or not to connect directly to BOX and how many ports to purchase, if
any, based on the value received compared to the cost of doing so.
Indeed, market participants have numerous alternative venues that they
may participate on and direct their order flow to, including 16 other
options markets, as well as off-exchange venues, where competitive
products are available for trading.
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 Exchange Act \29\ and Rule 19b-4(f)(2)
thereunder,\30\ because it establishes or changes a due, or fee.
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\29\ 15 U.S.C. 78s(b)(3)(A)(ii).
\30\ 17 CFR 240.19b-4(f)(2).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend the rule
change if it appears to the Commission that the action is necessary or
appropriate in the public interest, for the protection of investors, or
would otherwise further the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or 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
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#b6c4c3dad39bd5d9dbdbd3d8c2c5f6c5d3d598d1d9c0"><span class="__cf_email__" data-cfemail="b0c2c5dcd59dd3dfddddd5dec4c3f0c3d5d39ed7dfc6">[email protected]</span></a>. Please include
file number SR-BOX-2024-16 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-BOX-2024-16. 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="https://www.sec.gov/rules/sro.shtml">https://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
[[Page 53681]]
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 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 a.m. and 3
p.m. Copies of the filing also will be available for inspection and
copying at the principal office of the Exchange. Do not include
personal identifiable information in submissions; you should submit
only information that you wish to make available publicly. We may
redact in part or withhold entirely from publication submitted material
that is obscene or subject to copyright protection. All submissions
should refer to file number SR-BOX-2024-16 and should be submitted on
or before July 18, 2024.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
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\31\ 17 CFR 200.30-3(a)(12).
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Vanessa A. Countryman,
Secretary.
[FR Doc. 2024-14061 Filed 6-26-24; 8:45 am]
BILLING CODE 8011-01-P
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