DR Site Policy

The Options Price Reporting Authority (OPRA) understands that real-time market data distributors and subscribers may operate back-up systems, networks, or facilities to be used in the event of a primary system outage or natural disaster.

Under these circumstances, fees are not charged when the facility is operating solely as a backup and not used for other purposes. However, it is necessary for the vendor or other organization to enter into the Subscriber Agreement and/or Indirect (Vendor Pass-through) Circuit Connection Rider to Subscriber Agreement and prepare an Exhibit A describing the operations and controls in place.

Fees for use of the data beyond disaster recovery would apply. If it is necessary to activate a disaster recovery facility the vendor or organization must notify OPRA. The fees that will apply at that time include:

(a) the last sale and bid-asked high-speed line access fees (indirect or direct, as applicable),

and (b) display unit fees at the applicable rate for that quantity of display devices technically enabled to display market data during the period of use.

The fees are not pro-rated. Any use during a month is subject to applicable fees for the entire month. Offsetting credits for services at the affected primary site will be extended as circumstances warrant and as appropriate.

Interrogation Device

Interrogation devices located at disaster recovery sites that are capable of accessing real-time OPRA information are liable for standard fees. Devices located at disaster recovery sites that are not enabled to receive OPRA market data are not fee liable. OPRA typically would not consider a device fee liable if it is only temporarily enabled for OPRA real-time data in response to a customer emergency.

The disaster recovery site devices would be reported as active for the duration of the emergency, while the disabled devices would be reported as inactive for the same period. If the number of devices enabled during an emergency at the disaster recovery site does not exceed the number of devices disabled at the primary site, the customer should not incur any additional fees.

Retransmission Datafeeds Usage

As outlined in the Retransmission Data Feed Policy section of this site, distributors must apply to OPRA for approval of every data feed prior to initiation of service. This requirement also applies to data feeds for disaster recovery sites.

In the Exhibit A (System Description), the distributor should specify that the data feed application is for disaster recovery. As with interrogation device fees, OPRA would not consider a device fee liable if it is only temporarily enabled for OPRA real-time data in response to a customer emergency.

The disaster recovery usage would be reported as active for the duration of the emergency, while the disabled devices would be reported as inactive for the same period. If the number of devices enabled during an emergency at the disaster recovery site does not exceed the number of devices disabled at the primary site, the customer should not incur any additional fees.