Time Warner Cable customers who were frustrated and dissatisfied with the company’s Navigator software won’t be getting a refund in the mail.

Mayor Chris Beutler and other city officials have been trying to negotiate some type of compensation for customers who experienced dark or frozen television screens and other technical problems with the Navigator channel-guide software in 2006.

The Cable Advisory Board had recommended that Time Warner  give subscribers a 35 percent rebate on their bills from the time Navigator was installed through April 30, 2007.

On Thursday, assistant city attorney Steve Huggenberger told the advisory board that the city did not have enough leverage to compel Time Warner to compensate its disgruntled subscribers.

“We have no legal authority,” Huggenberger said in an interview. “Empty threats — that’s all we had.”

However, he said, the company did agree to continue its current policy of handling complaints on an individual basis.

“They are interested in participating in community projects in an attempt to be a better corporate citizen,” Huggenberger told the 11-member advisory board.

Problems arose after Time  Warner dropped its popular Passport channel guide and switched to Navigator, a company-created  channel guide that allows customers to get programming information and is the interface for video-on-demand and DVRs. 

The outcome of the negotiations didn’t sit well with board members, who voiced their dissatisfaction with Time Warner’s decision not to compensate customers in a “global manner.”

 The board passed a resolution which recommends that customers who feel they have been treated unfairly contact Time Warner in writing  about their concerns or “pursue private remedies.”

Board member Donna Behlen said contacting Time Warner via telephone has been problematic and won’t work.  She said people should send e-mails or write letters.

“People have become frustrated with telephone communications,” she said.

  Board member Herb Friedman said as far as he is concerned it’s a dead issue.

“The city is not going to do anything,” he told his colleagues. “I’m not sure the board can waste any more time.”

Said board member Mary Herres: “If customers expect monetary relief, they will have to do it on their own.”

 The compensation issue was included in a list of seven recommendations compiled by the advisory board in May. Huggenberger said Time Warner agreed to five of the seven recommendations. He said the company would:

* Look into redesigning its Web site to help customers understand how complaints are handled.

* Review a cable television subscriber “bill of rights” drafted by the advisory board so consumers will know what they can expect in the way of support services and compensation for service degradation and outages.

* Forward customers complaints to the city by e-mail on a quarterly basis for a one-year trial period. 

*  Not use Lincoln as a test location for future major software releases without adequate notice. However, the company and the city still have to define some testing terms.

Time Warner did not agree to allow customers a choice in selecting Passport in lieu of Navigator because it was not technically feasible to offer both.

 City officials also did not pursue a board recommendation that would have compelled the City Council to use its subpoena authority to get information from Time Warner.

Also Thursday, the advisory board elected the following officers for 2008: chairman Arthur Zygielbaum and vice chairman Herb Friedman. Jim Johnson was re-elected secretary.

Reach Algis J. Laukaitis at 402-473-7243 or alaukaitis@journalstar.com.