From: Susan Sommer [susan@sommerinvestments.com] Sent: Thursday, May 06, 2004 10:29 AM To: rule-comments@sec.gov Subject: S7-09-04 S7-09-04 As a professional in the investment field, my opinion is if you remove the ability to charge 12b-1 fees, you will remove the services now offered by representatives to their smaller accounts. The very people you say you are trying to protect will lose out. I do not work for free. By removing the 12b-1 fees, I will have no way of getting any residual revenue off these accounts which I will continue to service year in and year out, unless I charge a separate fee for this service. So, I will either stop taking small accounts or charge them a fee separately to review their accounts, and that fee will no doubt be much higher than the 12b-1 fees. I urge you to consider the ramifications to the lower income individuals you say you are trying to protect if you do pass this. They will be left without financial advice or with it actually costing them more. We cannot afford to service them year in and year out for free. No one will want them, they will be left without any direction or aid. It is up to you I hope you act in their best interest and do not pursue this course of action. Sincerely, Susan Sommer, CFS, CFP Sommer Investments, L.L.C. 3551 Veterans Memorial Pkwy, Suite 201 St.Charles, MO 63303 636-940-7100 voice 636-925-1494 fax www.sommerinvestments.com Securities offered thru Mutual Service Corporation Member NASD & SIPC