From: Dennis Joppe [Dennis@firstmutualinvestment.com] Sent: Wednesday, May 05, 2004 5:51 PM To: rule-comments@sec.gov Subject: in regards to rule s7-09-04 This is response to the proposed rule in Release No.IC-26356 which would prohibit the use of brokerage commissions, which includes 12b-1 fees. These fee’s have allowed us to give a great deal more service to our clients, such as quarterly, semi-annual or annual updates of their portfolio’s it has allowed us to move beyond the strickly transactional side of the business and more into the consulting side without a lot of additional fees for our clients. This allows us to offer ongoing analysis and rebalancing of the portfolios and gives us the latitude of offering basic financial planning and consulting. Without these fees we would be forced to eliminate the added services to our clients and would help promote the mediocre service the regulators would like would like to see disappear.It would cause us and a lot of other firms to downsize there staffs that the 12b1 fees help fund. Additional regulations requiring more disclosure of fee’s to the investor (so the investors understands the total costs) are applauded, but the elimination of a fee’s covering the hard work of ongoing services to the investing public is not. Dennis P. Joppe CFP,CFS Registered Representative, Registered Principal