controversial cell phone tower is now operational.

The tower on Faraway Lane in Warwick is deemed to be too close to homes by members of the Committee Against Radiation Emissions (CARE). CARE fear that emissions from the tower will place residents at increased risk for cancer.

Hiram Edwards, technical officer with the Ministry of Telecommunications, confirmed that Bermuda Digital Communications (BDC) have been using the facility since June and he noted that they are acting "fully within the law''.

Upset residents this week told The Royal Gazette that they were still awaiting a report which was promised to them three weeks ago by Telecommunications Minister Renee Webb. The report was to be compiled for the Ministry of Telecommunications by an expert brought in to investigate the concerns.

Mr. Roger Choquette, a senior engineering advisor to the Canadian Communications Commission, did his research back in May but still has not submitted a report.

Mr. Edwards explained that Mr. Choquette had requested some additional details before he submitted his findings.

Page 2: Picture Alarm over cell tower BDC has been asked by the Ministry to divulge certain technical information, including specifications of some of their equipment.

But even if this information was not forthcoming Mr. Edwards noted that Mr.

Choquette was prepared to file his report.

"We will have it in another two weeks,'' he said.

Ms Webb, who is off the Island until the end of the month, had come under fire when Mr. Choquette was chosen to compile the report. But at that time she said charges that Mr. Choquette had already made up his mind, were unfounded.

During a Press conference in May, Mr. Choquette was asked if it was possible for a radio antenna to harm the public in surrounding neighbourhoods.

"Based on my experiences,'' he said, "my answer would be no.'' Residents and members of CARE had also hoped that pressure placed on the Southampton Princess Canadian Pacific Hotel who own the property, would have seen operation of the tower halted.

The hotel had served an eviction notice on BDC who countered the action with a writ against the hotel last month.

Lawyer for the hotel Jai Pachai did not return calls, while Southampton Princess general manager Norm Mastilir was off the Island.

Area residents claim that a court hearing has been set for early October.