Charter Cable, one of America’s worst-rated cable companies, wants out of greater Los Angeles.  Its cable system, serving parts of LA, has been rumored for sale for years.  Now the cable company has gotten serious, hiring Goldman Sachs and Citibank to run an auction to sell off the system.

The most logical buyer, Time Warner Cable, has been engaged in on-again, off-again talks with Charter about Los Angeles for sometime, according to several sources in the cable investment community.  Charter proposed a swap, trading its Los Angeles system to Time Warner if they could acquire Time Warner’s subscribers in Wisconsin.

Time Warner Cable currently serves 560,000 subscribers in Green Bay, Milwaukee and Appleton.  Charter serves much of the rest of the state.  Thankfully for many Wisconsin customers, Time Warner Cable told Charter they were not interested.  Time Warner gets significantly higher customer ratings than Charter does.

Now that Goldman Sachs and Citibank will be running an auction, Time Warner Cable could still ultimately acquire the Charter systems in Los Angeles, if they are willing to pony up an estimated $2 billion asking price.  If Time Warner won’t bid that high, speculation is that Comcast, Cox, or Cablevision will.

A surprise bonus for buyers are rumors Charter will throw in its cable system in Fort Worth, Tex.  That move would also seem to benefit a Time Warner Cable takeover, considering the nation’s second largest cable operator already has an enormous presence in the Dallas/Fort Worth Metroplex.  But Multichannel News points out that part of Texas brings bad memories for Time Warner, when it had to effectively commit to an expensive rebuild of the nearby ailing system acquired from bankrupt Adelphia Cable in 2006.

Time Warner Cable is still rumored to be the logical buyer of Insight Cable’s systems, also for sale, in Indiana, Kentucky, and Ohio, although the cable company is still balking at an asking price of up to $4 billion.

Craig E. Moffett joined Sanford C. Bernstein & Co. as the Senior Analyst for U.S. Cable and Satellite Broadcasting in 2002.

Craig Moffett, perennial cable stock booster, predicts AT&T’s move to implement usage limits on its broadband customers will provide cover for cable operators to rush in their own Internet Overcharging schemes, starting with budget-priced usage plans.

Moffett released a research note Monday claiming Charter Communications, Cox Communications, and Time Warner Cable are among the first most likely to move towards limiting their customers’ broadband usage, with Comcast standing on the sidelines, at least for the moment.

Moffett thinks AT&T’s announcement is excellent news for wired providers, who could reap enormous new profits on top of some of the world’s most expensive broadband packages.

“AT&T’s move provides air cover that makes it easier for all of them to follow,” Moffett told his clients. “We view the move as good news for all the terrestrial broadband operators.”

Moffett believes usage caps have everything to do with stopping the torrent of online video.  He notes AT&T’s caps are set high enough to target AT&T customers who use their connections to watch a considerable amount of video programming online.

“Only video can drive that kind of usage,” Moffett writes.

Moffett has repeatedly predicted any challenge to pay television models from online video will be met with pricing plans that eliminate or reduce the threat:

“[I]f consumption patterns change such that web video begins to substitute for linear video, then the terrestrial broadband operators will simply adopt pricing plans that preserve the economics of their physical infrastructure,” Moffett said. “Of course, any move to preserve their own economics has far-ranging implications. Any move towards usage-based pricing doesn’t just affect the returns of the operators, it also affects the demand of end users (the ‘feedback loop’).”

A company claiming to own a broad patent covering ‘storage and retrieval playback systems’ has sued six large cable companies claiming they are infringing its patents.

Comcast, Time Warner Cable, Cox Communications, Bright House Networks, Charter Communications, and Cablevision have all been accused of violating patents that could cover their respective video-on-demand systems.

Pragmatus, whose website is “under construction,” acquired the patents from Intellectual Patents, which has extracted more than a billion dollars in licensing fees on broad-based general patents.  Law.com calls both firms “patent trolls,” because they exist largely to collect money from deep pocketed technology companies.

The lawsuit covers patents 5,581,479 and 5,636,139 which describe technology that uses “information service control points” that send blocks of data to remote stations.  That could cover just about any server.

As proof of infringement, the legal filing simply includes the URL’s of websites that promote video-on-demand services.

Many lawsuits eventually settle out of court quietly, with licensing deals that extract a portion of each subscriber’s monthly payment and send it on to companies like Pragmatus.

Harry Cole, who has dealt with these nuisance suits before, says they are a product of a broken patent system.

“[A patent trolls does] not produce anything. It does not sell anything bought or processed, nor does it buy anything sold or processed, nor does it process anything sold, bought or processed, nor does it repair anything sold, bought or processed … All the company does is speculate on patents, which it purchases on the secondary market in the hope that one such patent will hit it big.”

Netflix today released statistics showing Frontier Communications was America’s worst ranked wired Internet Service Provider, ranking at the bottom for quality and speed when using Netflix’s streamed content.

Only Clearwire, a heavily-throttled wireless provider scored worse than Frontier Communications.  This says nothing good about Frontier considering they are a wired provider.

Charter Cable scored highest — a surprise from a company that scores near the bottom in Consumer Reports broadband rankings:

Charter is in the lead for US streams with an impressive 2667 kilobits per second average over the period. Rogers leads in Canada with a whopping 3020 kbps average.

Canada’s higher speed performance comes even as providers claim they need to implement Internet Overcharging schemes to handle congestion on their networks — congestion not apparent from Netflix’s online video performance. Perhaps Canadians have been already grown accustomed to avoiding too much online video.

Netflix promises to release their streaming performance statistics on a monthly basis. Track your ISP from the charts below:

Netflix USA Speed Rankings

Netflix Rankings for Canada

(Our reader Paul sent us a news tip about this story.  You can send yours using the Contact Form linked above.)

Stop the Cap! comments: After today’s confirmation of the story below, it turns out that not only will Charter enforce its usage caps, it is also implementing a throttling scheme that will turn down speeds for “heavy users” when Charter’s overburdened broadband network is congested.  We’ve seen how that works in Europe.  Network management techniques like throttling and usage caps allow providers to turn up the speed and usage controls and turn down the level of investment to grow their broadband networks to meet growing customer demand.

Wall Street will certainly encourage this kind of behavior so long as Charter customers have few alternative choices.  This is bad news for Charter customers who may find the phone company’s unthrottled and typically unlimited broadband a much better alternative, even if it does run slower.

Two separate e-mails arrived in our mailbox this evening from individuals claiming to work for Charter’s call center informing us customer service agents are required to attend a meeting Thursday to explain Charter Cable’s new hard-usage cap Internet Overcharging policy.

It’s too late for us to touch base with company officials for verification, but both our sources shared nearly-identical details of the forthcoming hard usage cap program:

“Effective Nov. 16th, Charter will begin enforcing their Usage Cap policy strictly:

• Base Service: 100GB per month
• Plus & Max: 250GB per month
• Ultra: 500GB per month

Violators will receive two warnings and then face service suspension for up to six months unless they switch to a Business Class broadband product.”

Our other source tells us CSR’s are being trained to deal with irate customers who are deemed violators, all because Charter is in no financial position to keep up with network demands.

Until we receive absolute verification, this should be considered unconfirmed information.

Charter Cable has maintained soft usage caps for some time, rarely enforced on a system-by-system basis with phone calls.  The details are buried on Charter’s website.  They have generally left most customers alone.  But if Charter intends to enforce a formal Internet Overcharging scheme, customers will have just one more reason to despise the company, which already rates as the worst cable broadband provider in the United States according to Consumer Reports (only Wildblue and HughesNet — both satellite fraudband providers scored worse for broadband).

Updated 3:04pm ET:  Here is a statement we received from Charter regarding this matter:

Charter is introducing some new programs designed to improve our high-speed Internet service.  We had planned to send information your way when we start to inform our customers directly; however, in the spirit of flexibility here is a quick summary for you today.

As I know that you know, Charter has long offered graduated tiers of Internet service, ranging from lower speed “Lite” (1 Mbps) versions to “Ultra60” (60 Mbps) and each service level has a monthly usage threshold within which customers are supposed to limit their usage.  Until this point, we haven’t taken action to enforce our thresholds; however, in order to continue providing the highest quality Internet service, we do plan to begin enforcing our “No Excessive Use of Bandwidth” policy documented in our Acceptable Use Policy (AUP). The thresholds are substantially above typical use for approximately 98% of our customers.

In December, we will begin reaching out to a select group of customers whose use is excessive to make them aware of their usage patterns, to help identify possible causes (e.g., unsecured wireless routers or viruses) and review security options with these customers to reduce the risk of unauthorized Internet use. We are currently working on a way to present data usage to customers so they can self-monitor their bandwidth usage.  Until we make that tool available directly, customers who are notified of excessive use will be provided a contact at Charter who can check the customer’s usage throughout the month to help them better manage their Internet usage. If the excessive usage continues repeatedly, their Internet service could be suspended. Our intent is to prevent the very small number of users who are consuming excessive amounts of bandwidth from negatively impacting the experience for the majority of our customers.

In tandem with enforcing our “Excessive Use of Bandwidth” policy, we will also introduce a congestion management policy to improve the Internet experience for all of our customers.  Congestion Management will become part of our standard Network Management practices, and the policy will be protocol agnostic, which doesn’t distinguish among the online activities, protocols or applications a customer uses. It applies only during periods of congestion (which we find to be relatively rare).  It affects only the heaviest users (less than 1%) in small time increments, who will have their bandwidth limited during times of congestion, however, no Internet activities will be blocked.  We based this system on the “fair share” model described to the FCC in September of 2008.

We certainly wanted you to know about these initiatives and believe these steps will help us deliver the best possible Internet experience for our residential users.

Anita Lamont

[Updated 12:14pm ET:  We reached out to Charter Cable’s social media reps and media relations in e-mail this morning and are still waiting for a confirmation/denial/comment on this story.  If/when we get one, it will appear here as an update.]