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Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Connectivity Fee Schedule

Securities and Exchange Commission

NAICS 562910
Source: Federal Register
OverviewIntelligenceProposals

Key Details

Posted Date
NAICS Code
562910
Source
Federal Register
Contract Type
regulation

Description

SECURITIES AND EXCHANGE COMMISSION [Release No. 34-105758; File No. SR-NYSEARCA-2026-67] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Connectivity Fee Schedule June 24, 2026. Pursuant to Section 19(b)(1)  1 of the Securities Exchange Act of 1934 (“Act”), 2 and Rule 19b-4 thereunder, 3 notice is hereby given that on June 17, 2026, NYSE Arca, Inc. (“NYSE Arca” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1  15 U.S.C. 78s(b)(1) 2  15 U.S.C. 78s(b)(1). 3  17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the Connectivity Fee Schedule (“Fee Schedule”) to delete the currently-filed “Optic Access Circuit—1 Gb” service as obsolete. The Exchange also proposes to clarify to which access centers the 10 Gb and 40 Gb Optic Access circuits connect. The proposed rule change is available on the Exchange's website at www.nyse.com and at the principal office of the Exchange. II. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend the Fee Schedule to delete the currently-filed “Optic Access Circuit—1 Gb” service as obsolete. The Exchange also proposes to clarify to which access centers the 10 Gb and 40 Gb Optic Access circuits connect. In 2023, the Exchange filed to amend the Fee Schedule to add several “FIDS Circuits” available to Users  4 at the Mahwah, New Jersey data center (“MDC”), 5 including “Optic Access” circuits in 1 Gb, 10 Gb, and 40 Gb sizes. 6 4  For purposes of the Exchange's colocation services, a “User” means any market participant that requests to receive colocation services directly from the Exchange. See Securities Exchange Act Release No. 76010 (September 29, 2015), 80 FR 60197 (October 5, 2015) (SR-NYSEArca-2015-82). As specified in the Fee Schedule, a User that incurs colocation fees for a particular colocation service pursuant thereto would not be subject to colocation fees for the same colocation service charged by the New York Stock Exchange LLC, NYSE American LLC, NYSE National, Inc. and NYSE Texas, Inc. (together, the “Affiliate SROs”). Each Affiliate SRO has submitted substantially the same proposed rule change to propose the change described herein. 5  Through its Fixed Income and Data Services (“FIDS”) business, Intercontinental Exchange, Inc. (“ICE”) operates the MDC. The Exchange and the Affiliate SROs are indirect subsidiaries of ICE. 6   See Securities Exchange Act Release No. 99166 (December 14, 2023), 88 FR 88178 (December 20, 2023) (SR-NYSEARCA-2023-83). The Exchange proposes to eliminate the “Optic Access Circuit—1 Gb” service as obsolete. Currently, no Users have the Optic Access Circuit—1 Gb, and the Exchange understands that FIDS does not expect that any Users will acquire a 1 Gb Optic Access circuit. 7 7  In 2024 the Optic Low Latency Circuit—1 Gb was deleted as obsolete. See Securities Exchange Act Release No. 101250 (October 4, 2024), 89 FR 82274 (October 10, 2024) (SR-NYSEARCA-2024-81). To implement the change, the Exchange proposes to amend the chart under “E. FIDS Circuits” in the Fee Schedule to eliminate the Optic Access Circuit—1 Gb, as follows (deleted text bracketed):   Type of service Fees [Optic Access Circuit—1 Gb $1,500 initial charge plus $650 monthly charge]. The Exchange also proposes to clarify the list of FIDS access centers to which the remaining 10 Gb and 40 Gb Optic Access circuits may connect. In its filing to add “Optic Access” circuits to the Fee Schedule, 8 the Exchange stated that Optic Access circuits could connect between the MDC and FIDS access centers at five third-party owned data centers. The Exchange proposes to clarify that the 10 Gb and 40 Gb Optic Access circuits will no longer connect to (1) 111 Eighth Avenue, New York, NY; (2) 32 Avenue of the Americas, New York, NY; or (3) 165 Halsey, Newark, NJ (the three together, the “Obsolete Access Centers”). 9 8   See 88 FR 88178, supra note 6, at 88179. 9  The remaining third party access centers to which Optic Access would connect are in Secaucus and Carteret, New Jersey. Currently, no Users have Optic Access circuits between the MDC and any of the three Obsolete Access Centers. The Exchange understands that FIDS does not expect that any Users will seek to connect to the Obsolete Access Centers from the MDC. Application and Impact of the Proposed Changes The proposed change is not targeted at, or expected to be limited in applicability to, a specific segment of market participant. The proposed changes do not apply differently to distinct types or sizes of customers. Rather, they apply to all customers equally. No Users have either (a) the Optic Access Circuit -1 Gb or (b) an Optic Access circuit between the MDC and an Obsolete Access Center. The Exchange understands that FIDS does not expect that any Users would require the services. Accordingly, no Users would be impacted by the proposed change. As is currently true, the 10 Gb and 40 Gb Optic Access circuits would be available for purchase for any potential User requiring a circuit between the MDC and the FIDS access centers in the Secaucus Access Center or Carteret Access Center, as well as the other circuits offered by FIDS or the circuits offered by the 17 third-party telecommunications service providers that have installed their equipment in the MDC's two meet-me-rooms (“Telecoms”). 10 Use of services in this filing are completely voluntary and available to all market participants on a non-discriminatory basis. 10  Telecoms are licensed by the Federal Communications Commission and are not required to be, or be affiliated with, a member of the Exchange or an Affiliate SRO. The proposed changes are not otherwise intended to address any other issues relating to services related to the MDC and/or related fees, and the Exchange is not aware of any problems that market participants would have in complying with the proposed change. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, 11 in general, and furthers the objectives of Section 6(b)(5) of the Act, 12 in particular, because it is 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 and because it is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. 11  15 U.S.C. 78f(b). 12  15 U.S.C. 78f(b)(5). The Exchange believes that discontinuing offering the Optic Access Circuit—1 Gb and clarifying that the Optic Access Circuits are not available in the Obsolete Access Centers would perfect the mechanisms of a free and open market and a national market system and, in general, protect investors and the public interest. Demand for such connections is non-existent and there are currently no Users that subscribe to the services. The Exchange does not expect demand to rebound given that FIDS does not expect to acquire any customers for these services and FIDS understands that Users do not wish to connect to the Obsolete Access Centers from the MDC. The Exchange believes that removing references to the fees for the obsolete Optic Access Circuit—1 Gb from the Fee Schedule would remove impediments to and perfect the mechanism of a free and open market and a national market system because they would make the Fee Schedule easier to read, understand, and administer. The Exchange believes that the proposed rule change does not significantly affect the protection of investors or the public interest. No Users have the Optic Access Circuit—1 Gb or use an Optic Access Circuit connection to the Obsolete Access Centers. The proposed rule change would delete an obsolete service from the Fee Schedule, which would enhance transparency and alleviate potential customer confusion. The Exchange believes that removing this obsolete service from the Fee Schedule and changing the description of the remaining Optic Access circuits would not permit unfair discrimination between customers, issuers, brokers, or dealers. The proposed changes would apply equally to all Users. For these reasons, the Exchange believes that the proposal is consistent with the Act. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes that the proposal will not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of Section 6(b)(8) of the Act. 13 The proposed rule change is not designed to address any competitive issues but rather is designed to enhance the clarity and transparency of the Fee Schedule and alleviate possible customer confusion that may arise from the inclusion of obsolete services 13  15 U.S.C. 78f(b)(8). C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act  14 and Rule 19b-4(f)(6) thereunder. 15 Because the proposed rule change does not: (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder. 16 14  15 U.S.C. 78s(b)(3)(A)(iii). 15  17 CFR 240.19b-4(f)(6). 16  17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. A proposed rule change filed under Rule 19b-4(f)(6)  17 normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b-4(f)(6)(iii), 18 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. 17  17 CFR 240.19b-4(f)(6). 18  17 CFR 240.19b-4(f)(6)(iii). 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)  19 of the Act to determine whether the proposed rule change should be approved or disapproved. 19  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 • Use the Commission's internet comment form ( https://www.sec.gov/rules/sro.shtml ); or • Send an email to rule-comments@sec.gov. Please include file number SR-NYSEARCA-2026-67 on the subject line. Paper Comments • 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-NYSEARCA-2026-67. 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 ( https://www.sec.gov/rules/sro.shtml ). Copies of the filing 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-NYSEARCA-2026-67 and should be submitted on or before July 20, 2026. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 20 20  17 CFR 200.30-3(a)(12). Sherry R. Haywood, Assistant Secretary. [FR Doc. 2026-13010 Filed 6-26-26; 8:45 am] BILLING CODE 8011-01-P

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