Some Legal Problems Of Public Mobile Communication Base Stations

In nowadays information society, mobile communication has become the indispensable link of work, study, and other aspects of life. Rely on the supporting of public mobile communication base stations, modern mobile communication has been the key elements in protecting and promoting the economic construction, social development and people’s cultural life anywhere anytime. The public mobile communication base stations in urban and rural areas have become the essential infrastructure. On one hand, the public mobile communication base stations had to be generally set in order to meet the need of mobile communication and the construction of information society; on the other hand, it has been complex and pending legal problem around it because of the transformation of government functions, the requirements of city landscape, the growing consciousness of legal and also other aspects of the objective reality.Starting with discussing the public infrastructure attribute of the public mobile communication base stations, this paper analyzed the legal problem between telecom operators with government and also with the inhabitants. Also The legal system of mobile communication base stations with its improvement suggestions has been analyzed and put forword. Thesis is divided into four chapters, as follows.The first chapter analyzed the legal attributes of public mobile communication base stations, introduced the base situation and general trend of public mobile communication base stations in Shanghai and the whole nation. Focusing on analysing that the public mobile communication base stations should be defined as the public infrastructure category.The second chapter mainly analyzes the legal problems between the telecom operators with government, including the administrative examination and approval of the base station and routine management.The third chapter focusing on the current conflict between the telecom operators with residents or property owners in the process of base station setting, mainly discuss the legal problem of electromagnetic radiation damages,base station room leasing.The fourth chapter mainly analyzes the legal problems of base station setting and the situation of law application, also put forward to proposal of further improvement.