1. (a) The rate charged for political advertising by a radio or television station may not exceed:

   1. (1) during the 45 days preceding a general or runoff primary election and during the 60 days preceding a general or special election, the broadcaster's lowest unit charge for advertising of the same class, for the same time, and for the same period; or
   2. (2) at any time other than that specified by paragraph (1) of this subsection, the amount charged other users for comparable use of the station.
2. (b) The rate charged for political advertising that is printed or published may not exceed the lowest charge made for comparable use of the space for any other purposes.
3. (c) In determining amounts charged for comparable use, the amount and kind of space or time used, number of times used, frequency of use, type of advertising copy submitted, and any other relevant factors shall be considered.
4. (d) Discounts offered by an newspaper or magazine to its commercial advertisers shall be offered on equal terms to purchasers of political advertising from the newspaper or magazine.
5. (e) Provisions of federal law prevail over this section in the case of conflict.

Source Note:The provisions of this §26.7 adopted to be effective December 31, 1993, 18 TexReg 9746.