The cell-phone firm facing an order to stop building a controversial tower have instructed lawyers to fight on their behalf.

The Southampton Princess Hotel has served notice on Bermuda Digital Communications, terminating the lease agreement which allows the tower to be built.

The mast is already under construction on hotel-owned land at Faraway in Warwick, yards from a accommodations for Princess staff.

Campaigners against the tower -- Bermuda's 38th telecommunications mast -- have lobbied the Government since late last year. They are worried it could emit cancer-causing radiation waves.

Now a US consultant is preparing to jet into the Island to conduct safety checks on all of Bermuda's towers.

BDC is already stuck in the middle of a boycott campaign, run by pressure group Communities Against Radiation Emissions. CARE have even set up their own website to organise the boycott against the firm, which operates CellularOne phones.

Appleby Spurling and Kempe lawyer Jai Pachai is acting for the hotel, after managers took up the case following complaints from employees.

Several staff went to general manager Norm Mastalir to voice safety fears.

Mr. Pachai has confirmed that the hotel's owners, Canadian Pacific, have served a notice terminating the lease agreement with BDC.

The deal was struck with the hotel's previous owners, Princess Hotels.

BDC general manager Michael Leverock has remained silent throughout the cellular tower controversy.

But he confirmed last night that lawyers had been instructed, although he would not reveal which firm was handling BDC's case.

Mr. Leverock said: "It would not be true to say we have not instructed lawyers.

"But we don't have any comment right now except that we are looking at our options.'' Mr. Pachai told the Mid-Ocean News yesterday that the lease termination notice was served several weeks ago.

The Royal Gazette had already revealed that the hotel had instructed Mr.

Pachai and was considering pulling the plug on the tower deal.

Mr. Pachai, unavailable for comment last night, was quoted yesterday as saying: "BDC are not accepting that notice.

"They intend to oppose any termination of the lease. It looks as though the dispute will end up in Supreme Court.'' More on the cell tower controversy, see House of Assembly Coverage, Page 2