Market Data Feeds

SIFMA and NetCoalition provide comments to the Securities and Exchange Commission on proposed rule change by NASDAQ OMX PHLX, Inc. (Exchange) relating to market data feeds, File No. SRPhlx- 2010-154, Exchange Act Release No. 62887. The proposed rule change would amend the NASDAQ OMX PHLZ, Inc fee schedule to establish fees for a new market data product, PHLX Options Trade Outline(“PHOTO”) Historical Data.  Since the Exchange’s actions are 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, SIFMA petitions the SEC to temporarily suspend this rule change.