如今,手机已经成为人们生活的一部分,曾有人开玩笑说,不看微信,睡觉都不踏实。信号不好影响用户使用时,用户会投诉。可当运营商欲在小区建基站改善网络信号时,用户却拒绝、抵制。笔者在某运营商的一个地市分公司从事法务工作,曾遇到这样一个案例:某县分公司在一小区尚未建成时即与开发商签订了楼顶租赁协议,小区建成后在楼顶建设一座基站。随着开发商将房屋全部售出,顶楼住户发现有通信基站,以未经其同意为由要求运营商立即拆除。在协调过程中,住户竟私自拆除,造成周边地区的用户通信受到影响。运营商经常陷入因信号弱被客户投诉,要加强信号新建基站却又遭到住户反对甚至抵制、拆除基站的尴尬境地。住户的主张有两个:一是主张自己对楼顶的物权,认为建设基站需经其同意;二是认为移动基站的辐射会对自身健康造成损害。那么住户的主张是否有法律依据?如何有效破解目前小区基站无法建或建了拆的难题? Nowadays, mobile phones have become part of people’s lives. Someone joked that if they do not read WeChat, they will not be asleep. The signal is not good affect the user, the user will complain. When operators want to build a base station in the community to improve the network signal, the user refused to resist. The author in a city branch of a carrier engaged in legal work, had encountered such a case: a county branch in a district has not yet completed and developers signed a roof lease agreement, the building is built on the roof after the completion of the district A base station. As developers sold their homes all, penthouses found communication base stations, requiring operators to dismantle them without their consent. In the process of coordination, households were actually dismantled privately, causing the user communication in the surrounding areas to be affected. Operators often fall into the trap of being complained by customers due to weak signals. It is also an awkward situation for base stations to be dismantled or resisted by tenants in order to strengthen the new base stations for signals. There are two claims of tenants: First, they claim that they own the real right of the rooftop and think that building a base station requires their consent; second, they think that the radiation from a mobile base station will cause damage to one’s own health. So the proposition of tenants whether there is a legal basis? How to effectively crack the current cell site can not build or build a demolition of the problem?