I suggest everyone to take advantage of this rare opportunity to address this matter where it may actually be heard. I also suggest mentioning NITE in particular, as NITE has seemed to have grown to such a capacity that it appears they feel they can 'run the show' on any stock, at any time they please.
Dear XXXXX
Thank you for contacting the SEC.
On August 7, 2007 the SEC posted new amendments to Regulation SHO. The elimination of the market maker exception is now under the comment process. The proposed rule can be found at http://www.sec.gov/rules/proposed/2007/34-56213.pdf.
The Securities and Exchange Commission (“Commission”) is re-proposing amendments to Regulation SHO under the Securities Exchange Act of 1934 (“Exchange Act”). The proposed amendments are intended to further reduce the number of persistent fails to deliver in certain equity securities by eliminating the options market maker exception. In addition, we are requesting comment regarding specific alternatives to our proposal to eliminate the options market maker exception.