===The rep at JPR, INET, or both were clueless. Did you read the notice? It has nothing to do with changing the exempt status of any stock. JPR is simply sending the order without marking it exempt and INET is now rejecting or applying the upbid rule as a result. JPR needs to fix their system.===
Yes I did read a notice. The problem is it mentions short-sales exempt based on reg. 3350
NASD Rule 3350 does not includes QQQQ as being exempt, so legally broker can not request exemption, assuming INET bulletine is correct.
I'll talk to NASDAQ general council rep tomorrow about that.