TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL, NEW DELHI Dated 5^th December 2025 Broadcasting Petition No. 406 OF 2020 DEN Networks Limited ….Petitioner Versus Aakash Cable Network …..Respondent HON’BLE MR. JUSTICE RAM KRISHANA GAUTAM, MEMBER For Petitioner : Mr. Vibhav Srivastava, Advocate Ms. Aashi Arora, Advocate Ms. Rhea Yadav, Advocate Ms. Manika Priyadarshini, Advocate For Respondent : None

JUDGEMENT

1. The present Petition, under Section 14, read with Section 14A of the Telecom Regulatory Authority of India Act, 1997 (As amended from time to time) (hereinafter referred to as “TRAI Act”) has been filed on behalf of the above Petitioner Company, against the Respondent no.1, a Local Cable Operator, Aakash Cable Network, bearing LCO code LCOKL227 in the Petitioner’s system, for default on the part of the Respondent no.1, in making payment of Monthly subscription fee from the subscribers, to the Petitioner for availing cable signal feed with a prayer for direction to the Respondents to jointly and severally, clear the outstanding subscription dues of Rs. 1,22,633/- (Rupees One Lakh Twenty Two Thousand Six Hundred and Thirty Three Only), as on 30^th April 2020, with a further direction to the Respondents, to return total 550 Set Top Boxes in good and working condition, which has been issued to Respondent no.1, or in lieu of the same, pay a total amount of Rs.10,99,450/- (Rupees Ten Lakhs Ninety Nine Thousand Four Hundred and Fifty Only), @ 1999/- per set top box. The Petitioner also prays to restrain the Respondent no.1 to receive cable TV signals from Respondent no.2, or any other MSO, until the Set Top Boxes of Petitioner returned to the Petitioner, in good working condition or cost equivalent to such set top boxes is paid by the Respondent no.1 and also restrain Respondent no.2 from supplying signals to Respondent no.1, until the dues of the Petitioner are cleared and STBs are returned to the petitioner. Petitioner also requested the Tribunal to pass such orders, as it may deem fit and appropriate, in the facts and circumstances of the present case, in favour of the Petitioner, and against the Respondents, along with cost of the Petition, in accordance with law.

2. In brief, it was contented that the Petitioner is a cable television service provider, duly registered under the provision of the Cable television Networks (Regulation) Act, 1995 (hereinafter referred to as “Cable Television Act”). The Petitioner is carrying on Distributor Platform Operator [herein referred as “DPO”] business. The Respondent no.1, Aakash Cable Network, is a Local cable operator (LCO), and has been receiving encrypted Cable signal feeds of television channels from the addressable system of the Petitioner, to retransmit the same through its cable television network to the subscribers. The Respondent no.1 has entered into an interconnect agreement on 17^th October, 2019 (herein after referred to as “Agreement”) with petition for obtaining Cable signal feed from 17^th October 2019. Copy of the agreement dated 17^th October 2019 is annexed herewith and marked as Annexure-P1 to the Petition. The Respondent no.2, SITI Cable, is also engaged in the business of cable television service under the provisions “Cable Televisions Act” and is working in the area of operation of the Petitioner and is service provider under TRAI Act, 1997.

3. It has been submitted that Respondent no.1, has migrated to the competitor DPO of the Petitioner i.e., SITI Cable, Respondent no.2, without giving any notice & complying with the TRAI regulations and clearing outstanding amount, due and payable, by the Respondent no.1, to the Petitioner. It has been mentioned in the Petition that these above 550 STBs are the exclusive property of the Petitioner and has been mentioned in the Agreement, executed between the Parties. The Petitioner stated that the Respondents are trying to damage the business of the Petitioner. It is stated that on the basis of the terms of written agreement,