2008年《物权法》出台后,在屋顶设置移动通信基站必须与业主协商一致。但因公众对电磁辐射误解及移动通信运营商高利润的误读导致基站建设效率低下,成本高企。随着4G时代和移动互联网时代的来临,一方面公众希望网络无处不在,永远在线;另一方面基站设置阻力巨大,移动通信运营商处于两难境地。对此,专家围绕如何破解基站设置难题提出了大量立法建议,其中比较集中的建议是将基站作为城市公用设施纳入规 After the “Property Law” was introduced in 2008, setting up a mobile communication base station on the roof must be agreed with the owners. However, due to the public’s misunderstanding of electromagnetic radiation and the misreading of the high profits of mobile operators, the construction of base stations is inefficient and costly. With the arrival of the 4G era and the mobile Internet era, on the one hand, the public hopes that the network will be ubiquitous and always online; on the other hand, the base station has great resistance and the mobile communication operators are in a dilemma. In response, experts put forward a large number of legislative proposals on how to solve the problem of setting up base stations. The most concentrated proposal is to base stations as urban public facilities