Nasdaq’s Proposal to Establish New Fees
SIFMA and NetCoalition provide comments to the Securities and Exchange Commission (SEC) on proposals by The Nasdaq Stock Market, Nasdaq OMX BX, and Nasdaq OMX Phlx (together the “Exchange”) to each establish and adopt fees for the New Short Sale Monitor Service, File No. SR-Nasdaq-2011-024, Exchange Act Release No.63906, File No. SR-BX-2011-008, Exchange Act Release No. 63907, and File No. SR-Phlx-2011-17, Exchange Act Release No. 63905. The groups believe 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, and respectfully petition the Commission to temporarily suspend the rule change.