A US appeals court denied a request for a rehearing on the legality of the Federal Communications Commission’s (FCC) net neutrality rules brought by industry pressure group US Telecom.

The decision relates to a judgement made in June 2016 to back regulations established by the previous FCC administration covering how communications companies must deal with internet traffic.

Existing FCC policies in the area are already under scrutiny by the regulator’s new chiefs – a point highlighted by judges at the hearing. The court’s statement said a “review would be particularly unwarranted at this point in light of the uncertainty surrounding the fate of the FCC’s Order.”

Last week, FCC chairman and net neutrality critic Ajit Pai put forward a proposal to replace existing rules – which come under “Title II” laws – with new “light touch” legislation. The FCC will vote on the new measures on 18 May before a public consultation.

Responding to the court’s decision, where some of the judges voted to allow a full appeal hearing, US Telecom CEO Jonathan Spalter said: “We’re gratified that three of the D.C. Circuit judges wanted to rehear the case and that the FCC itself is now considering new rules to move back to investment and consumer-friendly net neutrality policies.

“We will continue to review our legal options going forward to fully protect our open internet.”

FCC commissioner Michael O’Reilly added: “I disagreed with the court’s 2016 split decision, and also disagree with the split decision not to reconsider the matter.

“However, this issue is somewhat moot for now as the commission is under new leadership and headed in a far better direction.”