Similarly, people complain about the SIP feeds being latent and I'm sure it would be a very real problem if any single exchange being unavailable made the entirety of the SIP unavailable.
Its a fascinating problem because the engineering trade-offs are relatively static and well known, but each and every decision you could make provides an opportunity for arbitrage market activity that someone would consider predatory.
That we've layered a regulatory requirement that is pretty vague on some of the edge cases on top of this, just adds to it.
The Regulations (Reg NMS) are very clear about this. That's why I was awarded $750K from the government after all.
If you are asking about evidence that some people have claimed that the SIP being non-consistent is a problem for audit and regulatory compliance, is that not what you yourself are arguing in this post? http://www.nanex.net/Research/IsNBBOIgnored.html
I think maybe you are reading into my comment something that isn't there?