Comments on S7-09-04From: Don White [dwhite@tcfin.com] Sent: Thursday, May 06, 2004 10:22 AM To: rule-comments@sec.gov Subject: Comments on S7-09-04 As President of a registered investment advisory firm the elimination of 12b-1 fees will have very little impact on our firm since the lion’s share of our accounts operate on a “fee basis”. Indeed, less than 5% of our business is mutual funds offering 12-b1 trails. However, the elimination of 12-b1 fees would be a huge mistake and a tremendous disservice, especially to small investors, that wish to work with an advisor and either cannot afford to pay hourly fees or do not meet the account minimums of firms like ours. This ongoing fee, amounting to less than $5 a month on a $20,000 fund is far less than what these clients will be asked to pay for the administrative services now provided and paid for in part through 12b-1 fees. These services, including tracking down missed dividends, providing basis for income taxes, changing addresses, reallocation and most of all protecting these clients from being taken advantage of a broker looking to simply create a new front end commission, will simply not be served. Do the industry and the clients that utilize mutual funds in their investment portfolios a significant favor and do not go ahead with this misguided idea. Donald F. White President Treasure Coast Financial Services, Inc. 1803 South Kanner Highway Stuart, Florida 34994 www.TCFin.com Securities offered through Mutual Service Corporation Member NASD/SIPC (772) 283-6342 Ext. 101