*Letters

Disapproval to the SEC on a Proposal to Extend Fee Pilot Program for NASDAQ Last Sale

Published on:
November 8, 2010

SIFMA and NetCoalition provide comments and a petition for disapproval to the Securities and Exchange Commission (SEC) on the Notice of Filing and Immediate Effectiveness of Proposed Rule Change by The NASDAQ Stock Market LLC to Extend Fee Pilot Program for NASDAQ Last Sale, File No. SR-Nasdaq-2010-129, Exchange Act Release No. 63092.  The groups believe that this action by the exchange is inconsistent with the recent decision of the United States Court of Appeals for the District of Columbia Circuit in NetCoalition v. Securities and Exchange Commission. The groups petition the SEC to temporarily suspend the rule change under recently-amended Section 19(b)(3)(C) of the Exchange Act and institute proceedings to disapprove (or properly approve) those changes under Section 19(b)(2)(B) of the Exchange Act.

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