UPDATE 1-Canada top court rules Quebec city cannot block cell tower

(Adds details, background)
OTTAWA, June 16 (Reuters) - Canada's top court ruled on
Thursday that a Quebec municipality did not have the right to
prevent wireless provider Rogers Communications from building a
cell phone tower on municipal land.
In 2008, Rogers RCIb.TO told Chateauguay, a suburb of
Montreal, that it intended to build a telecommunications tower
to fill gaps in its wireless coverage on a site the company had
been renting since December 2007.
The site was authorized by the industry minister at the time
but Chateauguay ultimately issued a notice of reserve,
essentially blocking the project, saying that it was concerned
for the health and safety of people living in the area.
Rogers argued that the notice was unconstitutional as it
amounted to an exercise of federal power. Canada's parliament
holds jurisdiction over radiocommunication.
The Supreme Court ruled in favor of Rogers in a unanimous
decision. In its majority opinion, the court found that the
notice was beyond the scope of Chateauguay's power.
"The notice impairs the core of the federal power over radio
communication in that it comprises the orderly development and
efficient operation of radio communication in Canada," the court
wrote.
While Chateauguay initially opposed the project it
eventually issued a construction permit, but after a public
outcry the city proposed an alternative site.
However, the second site required the city expropriate the
owner and Rogers decided to go ahead with the first site. The
city then issued a notice of land reserve.
Rogers argued that the city had acted in bad faith, but a
Quebec Court of Appeal ruled that the city had acted with
legitimate municipal purpose to protect the welfare of its
residents.
The majority opinion of the Supreme Court found that the
Court of Appeal had erred in its finding that municipalities
have a certain degree of power in determining the locations of
telecommunications poles.
"We conclude that the siting of antenna systems is part of
the core of the federal power over radiocommunication and that
any other conclusion would make it impossible for Parliament to
achieve the purpose for which this power was conferred on it,"
the court wrote.