142808P.pdf   11/10/2015  Spectra Communications Group  v.  City of Cameron, Missouri
   U.S. Court of Appeals Case No:  14-2808
                          and No:  14-2848
   U.S. District Court for the Western District of Missouri - St. Joseph   
   [PUBLISHED] [Murphy, Author, with Melloy and Smith, Circuit Judges] 
   Civil Case - civil rights. In challenge to the requirement that it comply 
   with Right-of-Way and Communications Ordinance, Spectra claimed a 
   violation of Section 253 of the Telecommunications Act of 1996. Section 
   253 does not create a private right of action, as neither the text of 
   section 253, Congressional intent, nor the legislative history supports a 
   private right of action. Thus, the district court did not err in 
   dismissing the claim for damages under section 1983. After consideration 
   of both the obligation to exercise jurisdiction and the combination of 
   factors counseling against that exercise, the district court did not abuse 
   its discretion in abstaining under Colorado River. The district court did 
   not abuse its discretion in denying the City's claim for attorneys fees 
   because the question of whether section 253 created a private right of 
   action was unresolved and Spectra did not continue to pursue the damages 
   claim after the district court dismissed it.