request for confidentiality should be denied.” 47 C.F.R. § 0.459(e). Even assuming, arguendo, that Bartholdi’s submissions to the Commission were voluntary, we need not determine whether the Commission acted arbitrarily in failing to return Bartholdi’s submissions. This claim was not raised in Bartholdi’s application for review to the Commission, and was thus waived. 47 U.S.C. § 405. D. Ex Parte Rules. Time Warner also petitions for review of the Commission’s order, arguing that the Commission arbitrarily concluded that Bartholdi had not violated the FCC’s ex parte rules. Because a ruling in Time Warner’s favor would alter the reasoning, but not the outcome of this case, we dismiss Time Warner’s petition for lack of jurisdiction. Radiofone, Inc. v. FCC, 759 F.2d 936, 940 (D.C.Cir.1985) (<HOLDING>). III. Conclusion For the foregoing reasons, we
holding over holding that where no factual dispute is raised no hearing is required holding that no standing exists to litigate an abstract dispute over the commissions reasoning holding that the commissions no probable cause determination was decisive holding that frustration of an organizations objectives is the type of abstract concern that does not impart standing