PLANS to remove a phone kiosk from the Hanley Road car park in Upton may have to be scrapped because they contravene national guidelines.

BT wrote to the town council earlier this year stating their intention to remove the kiosk as part of a national rationalisation exercise.

The council replied saying they did not want the phone to go. Members said it was used often by visitors during the summer and Upton Rowing Club identify it for emergency use, as most rowers do not take mobile phones on the water.

However, at a meeting of the authority on Tuesday, Coun John Thompson said he had uncovered guidelines saying the removal of the phone box may be illegal.

Under OFTEL guidelines brought into force in October 1997, BT may not remove a call box without approval from the local authority and parish council.

Councillors agreed that town clerk Priscilla Beattie should write to BT pointing this out and reiterating the council's opposition to the move.

However, BT spokesman Les King said the guidelines only applied if the service was being taken away from the site.

He said that as the car park contained two kiosks next to each other and only one was to be removed, people would still be able to phone from there. This meant BT did not need the local authority's permission.

The rationalisation scheme will see 30,000 phones removed from service nationally. Mr King said the move was designed to cut costs as use of phone boxes had fallen as the use of mobile phones had increased.

OFTEL is the UK's telecommunications industry regulator, set up under the Telecommunications Act 1984. Its aim is to ensure consumers receive the best quality, choice and value for money for telephone services.

A spokesman said BT seemed to have been following their guidelines.

"The guidelines show that BT can remove a phone box as long as one remains in a decided area," she said.

The council could appeal to the director of OFTEL.