From: John Ruzza [johnrmainstreet@chartermi.net] Sent: Thursday, May 06, 2004 10:30 AM To: rule-comments@sec.gov Subject: (s7-09-04) prohibiton on the use of 12b-1 commissions to finance distribution Though I have become more of a fee-based planner over the last 4 years, eliminating the 12b-1 fee would put me in a position of having to increase my asset management fees to compensate for what would be lost. Currently, I have been able to keep my fees in a very competitive range, & the receiving of a 12b-1 commission has made that possible. Also, for my clients with less investment net worth, it has allowed me to continue to "justify" my working with them (knowing that someday they will be more substantial clients). It seems to me that this proposal could open up a can of worms, in that brokers/advisors will find "other ways" to get compensated, which untimately costs the consumers. Therefore, I ask that you strongly consider not going forward with this proposal. Sincerely, John S Ruzza, CFP Securities Offered Through Mutual Service Corporation Member NASD/SIPC