During the 2003, a communications company to ensure the quality of communications, with the overseas Chinese city of a residential district A5, 6 top 701 housing tenants Mr. Liu, to rent his 701 room to the Sky table for the installation of communications tower. The two sides signed the "base station room lease contract", the communications company stationed in the building for installation. When A5, 6 301, 302 households Mr. Chen knows that communication tower will be built in their own roof, immediately stand out to stop, that the sky is the whole building of the tenants in common, and not the top floor of the neighbors Mr. Liu one person, Mr. Liu has no right to deal with the use of the sky. He also believes that the communication tower high of more than 10 meters, buildings suffer from the weight of the tower of oppression will bring security risks, affect the life of the building, easy to be struck by lightning, and the communication tower because of the electromagnetic wave radiation, the residents living in the building of health hazards.
Multi-party authentication communication towers are safe.
For this reason, Mr. Chen and his family have repeatedly blocked communications companies from building communications towers. After the communication tower was completed, Mr. Chen filed a lawsuit with the May County Court on January 7, 2005, requesting the Court to decree the communications company to dismantle the towers installed on the roof.
The communications company was sued after the construction of communications base station is to improve the city's communication signal to ensure the quality of communications users, previously in residential areas installed communications base stations have not been objected to by the tenants. To this end, the defendant a communications company against the plaintiff Mr. Chen proposed the tower of communications caused by the building load-bearing problems, lightning problems and radiation problems, please mine facilities testing, engineering supervision Company, Environmental Protection Bureau to carry out the relevant testing, the test report to prove the safety of the tower. At the same time, the Sky Pavilion is the building of the 701-headed Mr. Liu to the developer to buy and obtain management rights, communications company has with the owner of the pavilion, Mr. Liu signed the "base station room lease contract", leasing the Sky Pavilion Construction communication Tower does not infringe on the interests of anyone.
After the court heard that the plaintiff failed to provide evidence for the load-bearing, lightning strike and radiation of the tower to the building, there is no evidence to prove its right to A5, 6-day pavilion with a common right of use, and put forward to require the defendant immediately stop their infringement, the demolition of the installation in the A5, 6 of the top of the communication tower of the lawsuit request, without factual evidence, the court dismissed the plaintiff's lawsuit request.