MOBILE phone giant Orange is threatening court action against a council which wants two masts removed from school rooftops.

Fearing for children's health, Stockport council became the first local authority in the country to ban phone masts from all its schools.

But Orange says a contract was made and removal would affect network coverage in the area. They claim their statutory status means that they don't have to take the masts away.

A number of years ago, Marple Hall High School and Cheadle Hulme College both agreed to have masts installed in return for a fee. They requested the masts' removal following the end of their contracts last month.

The council says the government-commissioned Stewart inquiry into the potential hazards of mobile phones and masts played a crucial role in their decision.

''I think that it is outrageous for Orange to continue to insist that this mast can stay,'' said Coun Mark Hunter, chairman of Stockport education committee.

''All education authorities have a duty of care to children. We are saying that should take precedence, and that companies shouldn't be allowed to put these things all over the land.

''The Stewart report said we should take a cautionary approach, and until it has been proved there is no danger to youngsters, we feel their consideration is more important than the phone company's statutory undertakings.

''They have said they will see us in court, but we don't want it to come to that. We intend to pursue it realistically as far as we can.''

Orange said they hoped the matter could be resolved without court action. One option may be to agree on suitable alternative sites for the masts.

Orange explained that phone companies had "code powers" under the Telecommunications Act 1984, which enabled them to continue to use a site after the end of a contract.

An Orange spokesman told the Manchester Evening News: "Basically that allows us to make an application to continue the lease on a site that we already have. Ultimately it could end up in the courts, because the site provider can challenge this action."

The spokesman said that the phone companies had an obligation to provide phone coverage now and in the future. And it was to ensure they could meet the demand that the government had given them these special powers.

''Losing our existing sites at these two schools could result in poor coverage for the area. However we are eager to seek a local solution so that we can continue to meet our licence obligations to cater for customer demand.''

Stockport councillors have invited Orange to pay for tests by the National Radiological Protection Board, to determine the risk posed to youngsters.

In Bury schools are discouraged from having masts, and there are no mobile masts at schools in Salford, Oldham or Tameside. A small number of schools in Wigan have mobile phone masts.