A battle over a cellular tower on Knapton Hill is headed back to court in a case that highlights the challenges of mobile providers in maintaining good network coverage on the Island.Digicel, along with Knapton Hill resident Michael Markham, have filed new legal action, this time over a decision made by the Minister of Environment and Planning last October.The Minister at the time rejected a second bid by Digicel for retroactive Planning approval for the Knapton Hill tower, needed for mobile service for the neighbourhood’s nearly 2,000 residents. The new Telecoms Authority plans to address the issue of cell towers and mast sharing by service providers, though not immediately (see separate story).Digicel and Mr Markham are now going before the Court of Appeal in their battle to keep the tower.It all stems from the tower being erected on the Smith’s property of Mr Markham without Planning approval.Neighbours complained. Digicel sought retroactive approval.But that bid was turned down by the DAB, along with an appeal to the minister at the time Glenn Blakeney.The parties then went to court and in May 2011 Digicel won a Supreme Court appeal as the judge quashed the Minister’s decision to turn down Digicel’s application for retroactive approval of the 35-foot tower. The court said the Minister should reconsider the application, which he did, but again it was rejected.In his ruling, the judge had noted that the denial of permission rested on a zoning order forbidding the alteration of buildings to be used for trade or business purposes in the area.The Planning Board also turned down the request because of the mast’s “significant visual impact” on the next door property.The judge concluded that the cellular tower did not, in fact, meet the zoning order’s criteria.“As a matter of law, the Cellular Tower which the present case concerns falls outside the scope of the prohibition which formed the main basis of the Minister’s decision,” the judge said.The latest writ was filed last week as follows: “In the matter of an appeal under Section 61 of the Development and Planning Act 1974 and in the matter of a decision of the Minister of Environment, Planning and Infrastructure Strategy dated 29 October, 2012, between: (1) Telecommunications (Bermuda and West Indies) Ltd (trading as Digicel Bermuda) 2) Michael Markham VS The Minister of Environment and Planning.”Digicel is also seeking to erect antenna at a site on Quarry Hill Road, Warwick.It has applied to Planning for the erection of a wooden Belco pole to hold three cellular antenna and one dish with associated transmission equipment to be attached to adjacent walls. Minimum height of antenna poles “shall not be less than 30 feet above grade”, Digicel said.That application is under review with objections due having been by January 25.A spokesman for Digicel said yesterday: “Both matters are cases of Digicel attempting to maintain strong island-wide 4G coverage.“In the case of Knapton Hill were are seeking to appeal a decision as we believe we have a strong case regarding aesthetics, safety and necessity for communication for the area’s almost 2,000 residents.”The Digicel spokesman added: “In the case of Quarry Hill, Warwick, we are applying to erect a communications pole and we have also encountered some resistance from area residents. We believe this resistance is normal and wish to allay these fears by sharing safety and aesthetic details about the intended communications pole and the equipment housed on it. We are hopeful for a positive outcome.”