SEC Comment Letters

SEC Comment Letters

February 14, 2025

McKay Comment Letter #5 on Nasdaq NY11/NY11-4 Facility: Nasdaq must file a rule change for hollow-core fiber services, commit to latency equalization at NY11 and provide contracts that do not unfairly discriminate against telecom service providers.

View full response here: McKay Bros – Nasdaq NY11-4 Comment Letter 5 (2025.2.12)
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October 15, 2024

SEC Comment Letter #4 on Nasdaq NY11-4 Facility: Nasdaq does not address issues raised or meet Exchange Act requirements for NY11 expansion. ‘Equalization Project’ timeline is far too long.

View full response here: McKay Bros – Nasdaq NY11-4 Comment Letter 4 (2024.10.15)
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July 24, 2024

SEC Comment Letter #3 on Nasdaq NY11-4 Facility: Nasdaq expansion to NY11-4 prior to equalization is a violation of the Exchange Act, is a burden on competition, and unfairly discriminates between different customers.

View full response here: McKay Bros – Nasdaq NY11-4 Comment Letter 3 (2024.07.24)
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June 18, 2024

SEC Comment Letter #2 on Nasdaq NY11-4 Facility: Nasdaq operation of NY11 and NY11-4 ‘differently’ requires a rule change and explanation. Nasdaq’s NY11‘Equalization Project’ should be completed before expansion to NY11-4.

View full response here: McKay Bros – Nasdaq NY11-4 Comment Letter 2 (2024.06.18)
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March 22, 2024

SEC Comment Letter #1: Nasdaq’s new NY11-4 facility requires substantial and transparent SEC rule filing process to avoid unfair and discriminatory burdens on competition.

Read full response here: Quincy Data – Nasdaq NY11-4 Comment Letter (2024.03.22)
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January 21, 2022

DC Court of Appeals Rules in favor of SEC (and McKay-led group), citing McKay Amicus Brief in favor of equal access to Exchange Facilities.

DC Court of Appeals cites McKay Brief of Amici Curiae in support of SEC rules to promote equal access to exchange data centers Read the full article here: https://www.cadc.uscourts.gov/internet/opinions.nsf/83EBB6E695A3FAE0852587D100546647/$file/20-1470-1931643.pdf
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January 13, 2022

McKay SEC Comment: IDS provision of CME data at Mahwah should include commitment to equal access to Mahwah data center campus (File No. SR-NYSE-2021-67)

McKay Comment Letter re IDS provision of CME data at Mahwah Read the full letter here: McKay Brothers – Comment Letter on CME Data – SR-NYSE-2021-67 (2022.01.13)
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December 12, 2020

McKay SEC Comment: Nasdaq exclusive wireless roof installation defies SEC ruling that Exchange Facilities providing exclusive wireless access violate The Exchange Act (File No. 4-729)

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September 22, 2020

McKay SEC Comment (Letter 4/4): NYSE resists market’s call for transparency and commitment to level playing field (File No. SR-NYSE-2020-05)

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August 28, 2020

McKay SEC Comment (Letter 3/4): NYSE should commit to level playing field for access to the Mahwah Facility (File No. SR-NYSE-2020-05)

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