UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT 
         ECO-023-E 
 
Nos. 17-1107 & 18-1092 
 
Prometheus Radio Project et al. 
 
v. 
 
Federal Communications Commission 
 
 
No. 18-1167 
 
 
In re: Prometheus Radio Project and 
Media Mobilizing Project, 
        Petitioners  
 
 (Related to Agency Nos. FCC 16-107 and 17-156) 
 
 
Present:   AMBRO, SCIRICA and FUENTES, Circuit Judges 
 
 1.  Emergency Petition for Writ of Mandamus to Enforce the Court’s   
  Mandates and for Other Relief 
 
 2.  Opposition of the Federal Communications Commission to Petition for  
  Writ of Mandamus  
         
 
_______________________________ O R D E R ______________________________ 
The emergency petition for writ of mandamus is denied as Petitioners have not satisfied 
the exacting standard for obtaining such relief.  See In re: Howmedica Osteonics 
Corp., 867 F.3d 390, 401 (3d Cir. 2017) (observing that a writ of mandamus "may 
issue only if the petitioner shows (1) a clear and indisputable abuse of discretion or [] 
error of law, (2) a lack of an alternate avenue for adequate relief, and (3) a likelihood 
of irreparable injury.") (citation and internal quotation marks omitted). 
 
The Court notes that the exact design of the FCC’s new incubator program is subject 
to public comment through April 9, 2018.  As such, the petitions for review pending at 
Nos. 17-1107 and 18-1092 shall be stayed for a period of 6 months from the date of 
Case: 17-1107     Document: 003112846874     Page: 1      Date Filed: 02/07/2018
this Order.  The FCC is hereby directed to file a report on or before August 6, 2018 
regarding the status of the incubator program. 
 
 
 
       By the Court, 
         
       s/ Thomas L. Ambro  
       Circuit Judge 
 
Dated:  February 7, 2018 
MB/cc: All Counsel of Record 
Case: 17-1107     Document: 003112846874     Page: 2      Date Filed: 02/07/2018