From: Allen Slominski [slominski@earthlink.net] Sent: Sunday, June 13, 2004 5:28 PM To: rule-comments@sec.gov Subject: IC-26356; File No. S7-09-04 Dear Ladies, Sirs, I am an independent advisor and of course have been aware of the recent regulatory problems in my industry. When we look back at the history of this industry, we find many of the same type of occurrances around most of the bull markets of the past. I believe, as a whole, that people are generally honest and do the right thing. Some do not. In this vein I would request that the regulators punish those that broke the rules. The 12b-1 rule is proper and serves a need in our industry. I will not bore you with what others have so eloquently stated before. It is clear that the attempt to kill the 12b-1 is an attempt to lynch all brokers for the sins of a few and to appease the publics thirst for revenge in retaliation for loss of funds due to a bear market. This is not fair nor proper. The market goes up and the market goes down. If every broker had his way, the market would never go down, nor do we try to insure that it does. I trust the outcome to the Commissions good judgment and fair demeanor. Sincerely, Allen R Slominski Financial Advisor Fidelity Financial Group Cell: 281-814-1879 Office: 832-775-0040 Fax: 281-776-9239