Notice of proposed change pursuant to the Payment, Clearing, and Settlement Act of 2010 Section 806(e)(1) * Section 806(e)(2) * Security-Based Swap Submission pursuant to the Securities Exchange Act of 1934 Section 3C(b)(2) * Exhibit 2 Sent As Paper Document Exhibit 3 Sent As Paper Document has duly caused this filing to be signed on its behalf by the undersigned thereunto duly authorized. 19b-4(f)(6) 19b-4(f)(5) Provide a brief description of the action (limit 250 characters, required when Initial is checked *). (Name *) NOTE: Clicking the button at right will digitally sign and lock this form. A digital signature is as legally binding as a physical signature, and once signed, this form cannot be changed. VP, Associate General Counsel (Title *) 08/03/2020 Date Provide the name, telephone number, and e-mail address of the person on the staff of the self-regulatory organization prepared to respond to questions and comments on the action. Assistant General Counsel Title * Contact Information 19b-4(f)(4) 19b-4(f)(2) 19b-4(f)(3) Extension of Time Period for Commission Action * SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 Form 19b-4 Withdrawal Fax Corinne Last Name * Filing by Pilot Cboe C2 Exchange, Inc. 012 - * 2020 Amendment No. (req. for Amendments *) File No.* SR - Klott [email protected](312) 786-7793 Telephone * E-mail * First Name * Signature Pursuant to the requirements of the Securities Exchange Act of 1934, Section 19(b)(3)(A) * Section 19(b)(3)(B) * Initial * Amendment * Pursuant to Rule 19b-4 under the Securities Exchange Act of 1934 Description The Exchange proposes to adopt fees for a recently adopted data product known as Intraday Open-Close Data. [email protected]Kyle Murray By Section 19(b)(2) * 19b-4(f)(1) Required fields are shown with yellow backgrounds and asterisks. Page 1 of * 28 OMB APPROVAL OMB Number: 3235-0045 Estimated average burden hours per response............38 Rule Date Expires *
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Notice of proposed change pursuant to the Payment, Clearing, and Settlement Act of 2010
Section 806(e)(1) * Section 806(e)(2) *
Security-Based Swap Submission pursuantto the Securities Exchange Act of 1934
Section 3C(b)(2) *
Exhibit 2 Sent As Paper Document Exhibit 3 Sent As Paper Document
has duly caused this filing to be signed on its behalf by the undersigned thereunto duly authorized.
19b-4(f)(6)
19b-4(f)(5)
Provide a brief description of the action (limit 250 characters, required when Initial is checked *).
(Name *)
NOTE: Clicking the button at right will digitally sign and lockthis form. A digital signature is as legally binding as a physical signature, and once signed, this form cannot be changed.
VP, Associate General Counsel
(Title *)
08/03/2020Date
Provide the name, telephone number, and e-mail address of the person on the staff of the self-regulatory organizationprepared to respond to questions and comments on the action.
Assistant General CounselTitle *
Contact Information
19b-4(f)(4)
19b-4(f)(2)
19b-4(f)(3)
Extension of Time Periodfor Commission Action *
SECURITIES AND EXCHANGE COMMISSIONWASHINGTON, D.C. 20549
Required fields are shown with yellow backgrounds and asterisks.
Page 1 of * 28
OMB APPROVAL
OMB Number: 3235-0045Estimated average burdenhours per response............38
Rule
Date Expires *
If the self-regulatory organization is amending only part of the text of a lengthyproposed rule change, it may, with the Commission's permission, file only thoseportions of the text of the proposed rule change in which changes are being made ifthe filing (i.e. partial amendment) is clearly understandable on its face. Such partialamendment shall be clearly identified and marked to show deletions and additions.
Partial Amendment
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The self-regulatory organization may choose to attach as Exhibit 5 proposed changesto rule text in place of providing it in Item I and which may otherwise be more easilyreadable if provided separately from Form 19b-4. Exhibit 5 shall be considered partof the proposed rule change.
Exhibit 5 - Proposed Rule Text
SECURITIES AND EXCHANGE COMMISSIONWASHINGTON, D.C. 20549
For complete Form 19b-4 instructions please refer to the EFFS website.
Copies of any form, report, or questionnaire that the self-regulatory organizationproposes to use to help implement or operate the proposed rule change, or that isreferred to by the proposed rule change.
Exhibit Sent As Paper Document
Exhibit 4 - Marked Copies
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Exhibit 3 - Form, Report, or Questionnaire
Add Remove
View
Exhibit 2 - Notices, Written Comments, Transcripts, Other Communications
Add Remove
View
Exhibit 1 - Notice of Proposed Rule Change *
Add
Form 19b-4 Information *
Exhibit 1A- Notice of Proposed RuleChange, Security-Based Swap Submission, or Advance Notice by Clearing Agencies *
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Remove
Add Remove
The full text shall be marked, in any convenient manner, to indicate additions to anddeletions from the immediately preceding filing. The purpose of Exhibit 4 is to permit the staff to identify immediately the changes made from the text of the rule with whichit has been working.
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The self-regulatory organization must provide all required information, presented in aclear and comprehensible manner, to enable the public to provide meaningfulcomment on the proposal and for the Commission to determine whether the proposalis consistent with the Act and applicable rules and regulations under the Act.
View
Exhibit Sent As Paper Document
The Notice section of this Form 19b-4 must comply with the guidelines for publicationin the Federal Register as well as any requirements for electronic filing as published by the Commission (if applicable). The Office of the Federal Register (OFR) offersguidance on Federal Register publication requirements in the Federal RegisterDocument Drafting Handbook, October 1998 Revision. For example, all references tothe federal securities laws must include the corresponding cite to the United StatesCode in a footnote. All references to SEC rules must include the corresponding citeto the Code of Federal Regulations in a footnote. All references to SecuritiesExchange Act Releases must include the release number, release date, FederalRegister cite, Federal Register date, and corresponding file number (e.g., SR-[SRO]-xx-xx). A material failure to comply with these guidelines will result in the proposedrule change being deemed not properly filed. See also Rule 0-3 under the Act (17CFR 240.0-3)
The Notice section of this Form 19b-4 must comply with the guidelines for publicationin the Federal Register as well as any requirements for electronic filing as published by the Commission (if applicable). The Office of the Federal Register (OFR) offersguidance on Federal Register publication requirements in the Federal RegisterDocument Drafting Handbook, October 1998 Revision. For example, all references to the federal securities laws must include the corresponding cite to the United StatesCode in a footnote. All references to SEC rules must include the corresponding citeto the Code of Federal Regulations in a footnote. All references to SecuritiesExchange Act Releases must include the release number, release date, FederalRegister cite, Federal Register date, and corresponding file number (e.g., SR-[SRO]-xx-xx). A material failure to comply with these guidelines will result in the proposedrule change, security-based swap submission, or advance notice being deemed not properly filed. See also Rule 0-3 under the Act (17 CFR 240.0-3)
Copies of notices, written comments, transcripts, other communications. If suchdocuments cannot be filed electronically in accordance with Instruction F, they shall befiled in accordance with Instruction G.
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Required fields are shown with yellow backgrounds and asterisks.
SR-C2-2020-012 Page 3 of 28
1. Text of the Proposed Rule Change
(a) Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the
“Act”),1 and Rule 19b-4 thereunder,2 Cboe C2 Exchange, Inc. (the “Exchange” or “C2”)
is filing with the Securities and Exchange Commission (“Commission”) a proposed rule
change to adopt fees for a recently adopted data product known as Intraday Open-Close
Data. The text of the proposed rule change is provided in Exhibit 5.
(b) Not applicable.
(c) Not applicable.
2. Procedures of the Self-Regulatory Organization (a) The Exchange’s President (or designee) pursuant to delegated authority
approved the proposed rule change on August 3, 2020.
(b) Please refer questions and comments on the proposed rule change to Pat
Sexton, Executive Vice President, General Counsel, and Corporate Secretary, (312) 786-
7467, or Corinne Klott, (312) 786-7793, 400 South LaSalle, Chicago, Illinois 60605.
3. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change
(a) Purpose
The Exchange recently adopted a new data product on C2 to be known as Intraday
Open-Close Data, which will be available for purchase to C2 Trading Permit Holders
(“TPHS”) and non-TPHs.3 The Exchange now proposes to adopt fees for Intraday Open-
Close Data. Cboe LiveVol, LLC (“LiveVol”), a wholly owned subsidiary of the
5 For example, a TPH or non-TPH that requests historical Intraday Open/Close Data for the months of January 2020 and February 2020, would be assessed a total of $1,000. The Exchange notes that it may make historical data prior to January 2020 available in the future and that such historical data would be available to all TPHs or non-TPHs.
6 See Price List – U.S. Derivatives Data for Nasdaq PHLX, LLC (“PHLX”), The Nasdaq Stock Market, LLC (“Nasdaq”), Nasdaq ISE, LLC (“ISE”), and Nasaq GEMX, LLC (“GEMX”), available at http://www.nasdaqtrader.com/Trader.aspx?id=DPPriceListOptions#web. Particularly, PHLX offers “Nasdaq PHLX Options Trade Outline (PHOTO)” and assesses $1,500 per month for an intra-day subscription and $750 per month for historical reports; Nasdaq offers the “Nasdaq Options Trade Outline (NOTO)” and assesses $750 per month for an intra-day subscription and $500 per month for historical reports; ISE offers the “Nasdaq ISE Open/Close Trade Profile” and assesses $2,000 per month for an intra-day subscription and $1,000 per month for historical reports; and GEMX offers the “Nasdaq GEMX Open/Close Trade Profile” and assesses $1,000 per month for an intra-day subscription and $750 per month for historical reports.
Open/Close Trade Profile and Nasdaq GEMX Open/Close Trade Profile data products,
respectively. These data products provide are offered on a subscription and ad-hoc basis
for similar prices as the Exchange is proposing.20
9. Security Based-Swap Submissions Filed Pursuant to Section 3C of the Act
Not applicable. 10. Advance Notices Filed Pursuant to Section 806(e) of the Payment, Clearing and
Settlement Supervision Act Not applicable. 11. Exhibits
Exhibit 1 – Form of Notice of Proposed Rule Change for Federal Register. Exhibit 5 – Text of the Proposed Rule Change.
20 See Supra note 6.
SR-C2-2020-012 Page 15 of 28
EXHIBIT 1
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34- ; File No. SR-C2-2020-012]
[Insert date]
Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Adopt Fees for a Recently Adopted Data Product known as Intraday Open-Close Data
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 [insert date], Cboe C2
Exchange, Inc. (the “Exchange” or “C2”) filed with the Securities and Exchange
Commission (the “Commission”) the proposed rule change as described in Items I, II, and
III below, which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change from interested
persons.
I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change
Cboe C2 Exchange, Inc. (the “Exchange” or “C2”) is filing with the Securities
and Exchange Commission (“Commission”) a proposed rule change to adopt fees for a
recently adopted data product known as Intraday Open-Close Data. The text of the
proposed rule change is provided in Exhibit 5.
The text of the proposed rule change is also available on the Exchange’s website
(http://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange’s
Office of the Secretary, and at the Commission’s Public Reference Room.
the data is available.5 The proposed subscription and ad-hoc fees will apply both to TPHs
or non-TPHs. The Exchange notes that other exchanges provide similar data products that
may be purchased on both a subscription and ad-hoc basis and are similarly priced.6
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent with
Section 6(b) of the Act,7 in general, and furthers the objectives of Section 6(b)(5) of the
Act,8 in particular, in that it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market system, and to
protect investors and the public interest, and that it is not designed to permit unfair
discrimination among customers, brokers, or dealers. The Exchange also believes that its
proposal to adopt fees for Intraday Open-Close Data is consistent with Section 6(b) of the
5 For example, a TPH or non-TPH that requests historical Intraday Open/Close
Data for the months of January 2020 and February 2020, would be assessed a total of $1,000. The Exchange notes that it may make historical data prior to January 2020 available in the future and that such historical data would be available to all TPHs or non-TPHs.
6 See Price List – U.S. Derivatives Data for Nasdaq PHLX, LLC (“PHLX”), The Nasdaq Stock Market, LLC (“Nasdaq”), Nasdaq ISE, LLC (“ISE”), and Nasaq GEMX, LLC (“GEMX”), available at http://www.nasdaqtrader.com/Trader.aspx?id=DPPriceListOptions#web. Particularly, PHLX offers “Nasdaq PHLX Options Trade Outline (PHOTO)” and assesses $1,500 per month for an intra-day subscription and $750 per month for historical reports; Nasdaq offers the “Nasdaq Options Trade Outline (NOTO)” and assesses $750 per month for an intra-day subscription and $500 per month for historical reports; ISE offers the “Nasdaq ISE Open/Close Trade Profile” and assesses $2,000 per month for an intra-day subscription and $1,000 per month for historical reports; and GEMX offers the “Nasdaq GEMX Open/Close Trade Profile” and assesses $1,000 per month for an intra-day subscription and $750 per month for historical reports.