Patent ID: 7606193

Claim:
A method of populating a backup channel list for a wireless local area network (WLAN) device operable in a spectrum, the method comprising: designating a plurality of allowed sub-bands in a predetermined frequency band and populating an allowed channel list with channels of the allowed sub-bands; performing a basic service set (BSS) scan of the channels of the allowed channel list and populating a BSS-free channel list with channels determined to have a minimal level of current transmission thereon; when less than two channels are in the BSS-free channel list, selecting at least two channels in the allowed channel list, one channel from each allowed sub-band; when at least two channels are in the BSS-free channel list, selecting at least two channels in the BSS-free channel list, one channel from each allowed sub-band; and populating the backup channel list with any selected channels.