On September 22, 1975 the Interstate Commerce Commission published in the Federal Register a Notice and Order which read in part: Entry Control of Brokers. Notice of Proceeding. Purpose: The Interstate Commerce Commission has always endeavored to review the current extent of its jurisdiction over the surface transportation industry and to propose to the Congress appropriate legislation which would alter that jurisdiction, pursuant to the provisions of the Interstate Commerce Act. The purpose of this document is to institute a proceeding to investigate the need for continued regulation of brokers of property and passengers, operating in interstate or foreign commerce, and to consider what, if any, legislative amendments of Section 211 of the Act ought to be recommended to the Congress. A period of comment followed, during which written statements were received. The next year, the Commission issued final rules involving both substantive and procedural changes with regard to the licensing of tour brokers. These rules were then challenged.
1. Highlight the pertinent facts;
2. Identify the issue of law and/or fact posed by the case problem;
3. What should be the decision in the case?
4. The reasoning for such decision.