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46534 Federal Register / Vol. 71, No.

156 / Monday, August 14, 2006 / Notices

It Is Therefore Ordered, pursuant to approves the proposed rule change, as prevent ETP Holders and their
Section 19(b)(2) of the Act,9 that the amended. associated persons from making
proposed rule change (SR–NASD–2006– The proposed amendment to NYSE telephone solicitations to do-not-call
070), be, and it hereby is, approved. Arca Equities Rule 9.20 would replace registrants, which should have the effect
For the Commission, by the Division of the current text of Rule 9.20(b) with text of protecting investors by enabling
Market Regulation, pursuant to delegated that would require ETP Holders to persons who do not want to receive
authority.10 participate in the national do-not-call telephone solicitations from members or
Nancy M. Morris, registry maintained by the Federal member organizations to receive the
Secretary. Trade Commission (‘‘FTC’’) and to protections of the national do-not-call
[FR Doc. E6–13220 Filed 8–11–06; 8:45 am]
follow applicable regulations of the registry, while providing appropriate
Federal Communications Commission exceptions to the rule’s restrictions,
BILLING CODE 8010–01–P
(‘‘FCC’’). The proposed amendment which should promote just and
would make Rule 9.20(b) consistent equitable principles of trade.
SECURITIES AND EXCHANGE with NYSE Rule 404A and requirements It Is Therefore Ordered, pursuant to
COMMISSION of FCC regulations applicable to broker- Section 19(b)(2) of the Act,9 that the
dealers engaged in telemarketing by proposed rule change (SR–PCX–2005–
[Release No. 34–54283; File No. SR–PCX– including provisions concerning general 97), as amended, be and is hereby
2005–97] telemarketing requirements, procedures, approved.
wireless communications, outsourcing For the Commission, by the Division of
Self-Regulatory Organizations; Pacific telemarketing, pre-recorded messages, Market Regulation, pursuant to delegated
Exchange, Inc. (n/k/a NYSE Arca, Inc.), telephone facsimile or computer authority.10
Order Approving Proposed Rule advertisements and caller identification. Nancy M. Morris,
Change and Amendment Nos. 1 and 2 The amended rule would generally Secretary.
Thereto Requiring ETP Holders To prohibit ETP Holders and their
Participate in the Federal Trade [FR Doc. E6–13241 Filed 8–11–06; 8:45 am]
associated persons from making BILLING CODE 8010–01–P
Commission’s National Do-Not-Call telemarketing calls to people who have
Registry registered with the national do-not-call
August 8, 2006. registry. The amended rule also would SECURITIES AND EXCHANGE
On August 15, 2005, Pacific set forth firm-specific do-not-call COMMISSION
Exchange, Inc. (n/k/a NYSE Arca, Inc.) restrictions, time-of-day restrictions,
and disclosure requirements similar to [Release No. 34–54282; File No. SR–PCX–
(‘‘NYSE Arca’’) 1 filed with the 2005–54]
Securities and Exchange Commission those contained in the current rule.
(‘‘Commission’’), pursuant to Section The Commission finds that the Self-Regulatory Organizations; Pacific
19(b)(1) of the Securities Exchange Act proposed rule change, as amended, is Exchange, Inc. (n/k/a NYSE Arca, Inc.),
of 1934 (the ‘‘Act’’) 2 and Rule 19b–4 consistent with the requirements of the Order Approving Proposed Rule
thereunder,3 a proposed amendment to Act and the rules and regulations Change and Amendment Nos. 1 and 2
NYSE Arca Equities Rule 9.20. On May thereunder applicable to a national Thereto Requiring OTP Holders and
26, 2006, NYSE Arca filed Amendment securities exchange.7 In particular, the OTP Firms To Participate in the
No. 1 to the proposed rule change.4 On Commission finds that the proposed Federal Trade Commission’s National
June 21, 2006, NYSE Arca filed rule change is consistent with Section Do-Not-Call Registry
Amendment No. 2 to the proposed rule 6(b)(5) of the Act,8 which requires,
change.5 The proposed rule change, as among other things, that the rules of an August 8, 2006.
amended, was published for comment exchange be designed to promote just On August 15, 2005, Pacific
in the Federal Register on July 10, and equitable principles of trade, to Exchange, Inc. (n/k/a NYSE Arca, Inc.)
2006.6 The Commission received no remove impediments to and perfect the (‘‘NYSE Arca’’) 1 filed with the
comments on the proposal. This order mechanism of a free and open market Securities and Exchange Commission
and national market system, and in (‘‘Commission’’), pursuant to Section
9 15 U.S.C. 78s(b)(2). general, to protect investors and the 19(b)(1) of the Securities Exchange Act
10 17 CFR 200.30–3(a)(12). public interest. The Commission of 1934 (the ‘‘Act’’) 2 and Rule 19b–4
1 On March 6, 2006, the Pacific Exchange, Inc. believes that the proposed rule change, thereunder,3 a proposed amendment to
filed a rule proposal, effective upon filing, to amend as amended, is designed to accomplish NYSE Arca Rule 9.20. On May 26, 2006,
its rules to reflect these name changes: from Pacific these ends by requiring ETP Holders NYSE Arca filed Amendment No. 1 to
Exchange, Inc. to NYSE Arca, Inc.; from PCX
Equities, Inc. to NYSE Arca Equities, Inc.; from PCX and their associated persons to observe the proposed rule change.4 On June 22,
Holdings, Inc., to NYSE Arca Holdings, Inc.; and time-of-day restrictions on telephone
from the Archipelago Exchange, L.L.C. to NYSE solicitations, maintain firm-specific do- 9 15 U.S.C. 78s(b)(2).
Arca, L.L.C. See File No. SR–PCX–2006–24 (March not-call lists, and refrain from initiating 10 17 CFR 200.30–3(a)(12).
6, 2006). 1 On March 6, 2006, the Pacific Exchange, Inc.
2 15 U.S.C. 78s(b)(1). telephone solicitations to investors and
filed a rule proposal, effective upon filing, to amend
3 17 CFR 240.19b–4. other members of the public who have its rules to reflect these name changes: from Pacific
4 In Amendment No. 1, NYSE Arca partially registered their telephone numbers on Exchange, Inc. to NYSE Arca, Inc.; from PCX
amended the text of proposed amended NYSE Arca the national do-not-call registry. The Equities, Inc. to NYSE Arca Equities, Inc.; from PCX
Equities Rule 9.20 and made conforming and Commission also believes that the Holdings, Inc., to NYSE Arca Holdings, Inc.; and
technical changes to the original filing. from the Archipelago Exchange, L.L.C. to NYSE
5 In Amendment No. 2, NYSE Arca made
proposed rule change, as amended, Arca, L.L.C. See File No. SR–PCX–2006–24 (March
additional changes to the text of proposed amended establishes adequate procedures to 6, 2006).
jlentini on PROD1PC65 with NOTICES

2 15 U.S.C. 78s(b)(1).
NYSE Arca Equities Rule 9.20 and to the original
filing. 7 In approving this proposed rule change, the 3 17 CFR 240.19b–4.
6 See Securities Exchange Act Release No. 54079 Commission has considered whether the proposed 4 In Amendment No. 1, NYSE Arca partially

(June 30, 2006), 71 FR 38957 (July 10, 2006) (this rule change will promote efficiency, competition, amended the text of proposed amended NYSE Arca
notice listed an incorrect filing date for the initial and capital formation. See 15 U.S.C. 78c(f). Rule 9.20 and made conforming and technical
proposal). 8 15 U.S.C. 78f(b)(5). changes to the original filing.

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