From: Harry Summers [mailto:summers@garlic.com]
Sent: Wednesday, May 26, 2004 8:14 PM
Subject: File No. S7-09-04

SEC Folks- I have been registered since 1961 and have never seen any action more beneficial to the average investor thsn 12b-1 fees being paid to their brokers. For years prior to 12b-1 at best new business subsidized old inactive accounts, at worst brokers looked for activity or just ignored them. Please don't regress 12b-1s make sense .