Abrams

Mark J. Abrams appeals the district court’s denial of § 1983 1 damages. The district court found that the City of Ran-cho Palos Verdes (“City”) violated Abrams’ rights under the Telecommunications Act of 1996 (“TCA”). Nonetheless, the court concluded that Congress intended the TCA to provide a comprehensive remedial scheme, thus barring additional remedies under § 1983. We disagree. Section 1983 remedies are available because the TCA does not contain a comprehensive remedial scheme. Therefore, we reverse and remand to the district court.

I. BACKGROUND

Abrams is a Federal Communications Commission (“FCC”) licensed, amateur radio operator. He also provides commercial, mobile radio services (otherwise known as personal wireless services) from his home. In 1989, the City issued Abrams a permit to construct an antenna on his property for his amateur use. 2 *1096 Abrams used his antenna for both amateur and commercial purposes.

Ten years later, the City learned of Abrams’ unauthorized commercial use. The City obtained an injunction preventing Abrams from using his antenna for commercial purposes until he obtained a conditional use permit (“CUP”). However, when Abrams applied for the…