Tech Arsenal 1/Tech Arsenal (Arsenal Computer).ISO/tek-03/cs.zip/CS.TXT

Text File | 1992-09-09 | 14KB | 341 lines

Message: The Foulks File-[713] Subject: PUBLIC NOTICE
From: THOM FOULKS  Reply to: PUBLIC NOTICE-[670]
To: All [Read:24 times] Sent:Sep03 09:11:14

Here's a recounting of what occurred yesterday between BRN and me,
as shown by an exchange of fax messages...

FAXMEMO

September 3, 1992

TO:             BRN

FROM:           Thom Foulks, Cache la Byte

SUBJECT:        Goodbye


I choose to communicate via fax on the matters at hand so that I need
say what I have to say just once; it can be read by all involved, as
appropriate.

About three months ago,I began asking for a raise in my Computing
Success! broadcast contract rate; unchanged since the day I did my
first broadcast (cleared by fewer than ten affiliates).

That "campaign" by me culminated on Sept. 1 when I was informed BRN
would no longer pay for the long distance telephone calls I make in
putting together my weekly four hours.  That was a violation, without
notice, of the verbal contract made nearly four years ago between Dave
Rose, Mark Murray and myself -- i.e., BRN would pay my BRN-related
telephone expense.  (Any verbal agreement with compliance by all
parties for a substantive period of time is a contract).

So, I was left with the decision of personally subsidizing BRN for a
monthly average long distance phone bill of $160, just so that I could
continue my broadcasts.  (How do I know that total?  My Cache la Byte
residence has four phone lines.  A push of one key on a telephone
controller selects the BRN outgoing line.  Simple, and all calls get
computer-logged.  I wasn't even billing BRN for the monthly cost of
that line; only the traffic it carried). I greatly resent any
inference that I have been billing BRN for my personal long distance
calls to my kids.  (Eve though, some were: Thom, Jr., Dana and Kathy
are all experts in their own computing fields).  Similarly, sending 4
a.m. fax traffic -- to cut telephone costs -- from a BRN office to my
various contacts is hardly practical.

I've subsidized BRN since Day #1 of my involvement with the network.
I've provided my own computer gear, including the maintenance/upgrade
costs, for my broadcast activities as well as programming for BRN.
I've made long-term loans of computers to BRN, without even a request
for reimbursement.  I have obtained free use of national online
services for BRN talk show hosts (of which, you better check the
status -- I am removing my name as the account holder for Prodigy).  I
purchased my own tape recording gear for use with CS! interviews,
knowing that BRN had no studio time available for my erratic use
schedule.  I have appeared as a BRN representative at national
conferences, with no reimbursement.  I was denied travel reimbursement
to accept a national award, the only such award won by any BRN
staffer.

Some fast addition/subtraction resulted in an obvious conclusion: When
I subtract the phone bill subsidy (plus my unreimbursed mileage
expense in traveling to RN 4-5 days a week) from my monthly BRN
contract services checks, I could barely cover my home mortgage
payment.

I regret losing the ego satisfaction of doing Computing Success!, and
I am already making efforts to find a more pragmatic broadcast outlet
for me to do a similar show.  (Greg Davis has a thick file of
contact/phone numbers ready for use by any one BRN can find to
continue the CS! show.)  I regret that BRN staffers and affiliate
stations are going to receive a lot of queries about my disappearance,
but I have been forced into a corner from which there is only one
exit.

Someone from BRN can pick up my employee door key at 5311 Alta Loma
Rd. Working for BRN has already cost me too much money -- I'm not
spending more to drive there again.


FAXMEMO

September 3, 1992

TO:             Rihard Grisar, BRN

FROM:           Thom Foulks, Cache la Byte

SUBJECT:        Comments

Thank you for the "outrageous" letter. It gave me a clear opportunity
to display the positions of all involved. Here's the letter -- I've
added some [comments].

September 2, 1992

Mr. Thom Foulks
5311 Alta Loma Road
Colorado Springs, CO 809l8

Dear Mr. Foulks:

It is nothing short of outrageous that you have notified BRN'S
affiliates of your decision to cancel your show without giving the
Businss Radio Network, Inc. the thirty (30) days written notice as
required in paragraph 6. of our agreement dated January 30, 1989.

  [Notice was equivalent to that given me regarding reimbursement for
  my BRN-related telephone bills.]

I also find that your statement that BRN has "violated longstanding
terms of my contract with the network" is libelous and we will take
appropriate action against you and your company.

  [The term "libel"  has no relevancy to a corporation.  But I suggest
  you tone down your refererences to me; you're skirting defamation of
  character. There's not enough value in this whole episode for me to
  take it to court -- BUT, if YOU want to... Sounds like fun.]

Finally, your use of stationery with our corporate letterhead has been
used contrary to its intended usage, with an obvious attempt on your
part to have it appear that we officially sanctioned your unwarranted
"FAXMEMO". You are forbidden to use our name in any correspondence
that you mail or faxmail to any person, organization or radio station.

Based upon your actions, the Computing Success show is hereby canceled
effective with your last broadcast on August 30, 1992.

  [Now, THAT's a fact! Oh, by the way, I am keeping Mr. Crossman
  apprised of these proceedings.]

I am also sending you a copy of your agreement with our company, and
if you can show me which paragraph addresses the question of whether
you are entitled to be reimbursed for telephone expense I will
certainly honor that commitment. In the meantime I am compiling our
accounting records with regard to your previous telephone
reimbursements, and we will be sending you an invoice for your
reimbursement to Business Radio Network for telephone payments to you
during the agreement term.

  [BRN still owes me $151.23. Do I take it I should not expect payment?]

BRN will be notifying our affiliates of your outrageous conduct
concerning this matter and advise you to make some attempt to reverse
this situation by retracting statements in your FAXMEMO dated today.

  [Don't bother.I've already distributed your letter to me -- without
  these comments. "Outrageous" is something they can judge for
  themselves.]

Very truly yours,

BUSINESS RADIO NETWORK, INC,

\s\

Richard G. Grisar
President

RGG:g

FAXMEMO

September 3, 1992}

TO:             BRN

FROM:           Thom Foulks, Cache la Byte

SUBJECT:        Wrap Up

Judge: "Did you, or any authorized BRN representative, tell Mr. Foulks
that BRN would pay for long distance phone bills?"

Complainant: "Uh, yes, your Honor."

Judge: "Did BRN subsequently pay, or reimburse Mr. Foulks, for such
phone bills?"

Complainant: "Uh, yes.  When he submitted a request for
reimbursement."

Judge: "How many such requests did he submit, and how many were
subsequently paid by BRN?"

Complainant: "Approximately 15, sir."

Judge: "Mr. Foulks has been associated with BRN for a longer period
than 15 months.  How did he handle his telephone expenses during the
period preceding the 15 months of these phone bills?"

Complainant: "He had been issued a telephone credit card, to use for
direct billing of his telephone expense."

Judge: "Why is Mr. Foulks not using that credit card today?  I'm told
it is still active."

Complainant: "Mr. Foulks suggested that it was less expensive for him
to use a reimbursement scheme for his telephone expense than a credit
card, because each credit card call costs a stipend for its use."

Judge: "That suggests that Mr. Foulks was attempting to reduce the
cost of his telephone traffic.  Was he successful?  Did the billing
costs go down?  And by how much?"

Complainant: "Our records show that Mr. Foulks' telephone costs,
monthly, decreased to somewhere less than one-half of the previous
monthly total."

Judge: "Was Mr. Foulks billing BRN for long ditance expenses
unrelated to his BRN contract?"

Complainant:  "Yes, sir!"

Judge: "Please explain..."

Complainant: "Well...  I know he was, sir, but we have only a list of
phone numbers by which to verify that."

Judge: "So, if Mr. Foulks called a specific number, you know that it
was not a billable BRN expense?  How do you know that?"

--------------------------------------------------------------

I could go on with this scenario at some length, but I think the
point is clear.

BRN violated its contract with me, without notice, when I was told on
Sept. 1 that BRN would no longer pay my telephone expense for doing
the Computing Sucess! broadcasts.  Anyone disagreeing with that
conclusion should contact a attorney for review of the above.

Meanwhile, I intend to communicate the circumstances of this situation
-- at my own expense -- with my friends across the nation.


OK, some more odds and ends on the BRN affair.

** I remain a product reviewer for the Newsbytes News Service, and a
Contributing Writer to Boardwatch Magazine.  Neither of those are much
money in the bank.  I've had discussions with PC World about a column,
but they don't seem to be chomping at the bit, so...  Just as I always
avoided working for KRDO and the GT locally, I have no desire to work
for any of the Ziff-Davis Publications (PC Magazine, P/C Computing,
etc.)  Their management styles have similarities to BRN.

** I expect BRN to cancel any form of a Saturday computer show, and
put Craig Crossman's Computer America (broadcast from the Miami
area) on Sunday afternoons.  Craig's show on American Forum Network
was already being handled through here.  The hours are likely to be
different; and the rumor mill says KNUS won't carry the show.

** I notified several affiliates of my departure from BRN, by faxing
them roughly the same exchange yo're rad hereon.  Given that
stations like KJJO and KEZX had strong local commercial sales in CS!,
they have a problem BRN will have to handle.

** BRN owns the "Computing Success!" name.  So, no, I cannot simply
move CS! to some other venue.  Originating a national program from
Cache la Byte requires $$$'s in electronic gear I don't have, plus
some additional phone lines I don't have.

** Word of my BRN departure has spread.  I had a call from a New York
PR agency yesterday, wanting to know what happened.  I told 'em;
they're shipping me a product for review, anyway.  Similarly, Prodigy
is cancelling my BRN account -- and is providing me with my own free
account.

** I intend to continue writing "The Foulks File" for Colorado Springs
ComputerTimes (assuming Rob still wants me to).

** Ed Hoffman and I are doing a seminar next week on DOS/PC use and
word processing, for local secretarial services firms.  No money in
the bank from this one, but I expect to continue exploring such
activities.

** Note hat no one can take away my Computing Press Association award
for "Best Radio Show" -- the first such award to a national broadcast.
The next go-round for such awards is not until next spring, so I left
BRN as a winner -- with even a faint possibility yet of still being in
that competition again.

** For now, my short-form bio is thus:

Former host of the award-winning national computer talk show,
"Computing Success!", Thom Foulks is a free-lance computer product
reviewer, writer and speaker.  His product reviews appear regularly in
the Newsbytes News Service, Boardwatch Magazine and the Colorado
Springs ComputerTimes.

** I'm not out beating the bushes, anxiously looking for "something to
do."  I know the word is spreading of my situation, a holiday weekend
is upon us, and broadcasters will be waiting to hear what BRN does to
fill the gap I left.  By this time next week, I'll have a better
handle on where computer gadfly Thom Foulks stands.



Message: The Media-[950] Subject: NOW IT CAN BE TOLD
From: THOM FOULKS
To: All  Sent:Sep 09 03:20:30

I'm joining PC World as a columnist-contributing editor.  The working
title of my column: "At The Business End" (not final, as yet).  We are
efforting to get the column into the December issue (now in
preparation), but is quite possible it may slide 'til January.  I'm
going to San Francisco in a few days for a "get-to-know-each-other"
sitdown with the PC World editorial staff.

My column will specialize in informal reviews of unique hardware and
software products, from a business user's perspective -- i.e., "Such
and such may be a great product, but does it really help you be
productive?"  I'll also deal with exceptional products that do not fit
well into comparative reviews, discussing their usefulness instead of
mere benchmark testing.

The editor-in-chief of PC World is Phil Lemmons, who was at Byte
Magazine when Jerry Pournelle gained early popularity.  In my
conversations with Phil, he compared my writing style (evidenced by
the many Runtime Reviws I have written for on-air use) to Pournelle:
Phil wants the same type of informal narratives from me.

(Anyone who's read my review writing on here for past couple of years,
knows that's right down my alley!)

Among the products I'm likely to deal with in the premiere column are
a pair of items not yet announced: A powerhouse '486 at a
mouth-watering price, and an affordable 600 DPI laser printer.

My writing for ComputerTimes, Boardwatch, and the Newsbyte News
Service, will continue.

Thanks to all who have evidenced concern publicly and privately
about me, since my hasty BRN departure.  "Computing Success!" was a
great training ground for me, but it is now very much in the past.