From: Peake, Junius [Junius.Peake@unco.edu] Sent: Tuesday, May 18, 2004 11:06 AM To: rule-comments@sec.gov Subject: S7-10-04 On May 13, the Commission issued the following press release: Washington, D.C., May 13, 2004 — The Securities and Exchange Commission announced today that it intends to extend the comment period on Regulation NMS from May 24, 2004, to June 30, 2004. In addition, the Commission plans to issue a supplemental request for comment to reflect matters discussed during the hearing on Regulation NMS that was held on April 21, 2004. The extension of the comment period and supplemental request for comment are intended to afford the public a full opportunity to address in their comment letters the matters discussed at the hearing. [Emphasis added.] Why is the Commission limiting its new Release only to "matters discussed during the hearing," and not also on matters brought up by commentators who did not testify at the hearing? After all, those who testified at the hearing had--in almost all cases--a direct major economic interest in the outcome of the proposed rule changes. Very truly yours, Junius W. Peake Monfort Distinguished Professor of Finance Kenneth W. Monfort College of Business University of Northern Colorado Campus Box 128 Greeley CO 80639-0019 (O) 970-351-2737 (H) 970-351-6610 (C) 970-391-6890 (F) 970-352-3880 E-mail: junius.peake@unco.edu Home page: http://mcb.unco.edu/facstaffdir/peakej.htm