On February 19th, the SEC issued an order of summary abrogation of three proposed rule changes submitted by NASDAQ OMX PHLX to amend its schedule of fees. The Commission is concerned about whether the proposals are consistent with the statutory requirements applicable to a national securities exchange under the Securities Exchange Act, including that the rules of a national securities exchange provide for the equitable allocation of reasonable dues, fees, and other charges among its members and issuers and other parties using its facilities; that the rules of a national securities exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers; and that the rules of a national securities exchange not impose any burden on competition not necessary or appropriate in furtherance of the Act. If Phlx chooses to re-file the proposed rule changes, it must do so pursuant to Sections 19(b)(1) and 19(b)(2) of the Act. SEC Release No. 34-61547.