Patent ID: 8897709

Claim:
A method for enabling a non-cognitive radio device to operate as a cognitive radio device in a communication network, the method comprising the steps of: receiving, by said non-cognitive radio device, a spectrum map message which indicates channels which are locally available for use; selecting, by said non-cognitive radio device, a channel for use from the spectrum map message; configuring, by said non-cognitive radio device, to transmit using said selected channel; transmitting, by said non-cognitive radio device, a message on said selected channel toward another radio device; waiting, by said non-cognitive radio device, for a predetermined time to receive an acknowledgment to the sent message; if the acknowledgment is received then continuing, by said non-cognitive radio device, to transmit and receive messages using said selected channel; if the acknowledgment is not received then retransmitting, by said non-cognitive radio device, the message using another channel selected from the spectrum map message to prevent a collision with another non-cognitive radio device that selects the same channel on which to begin transmitting at the same or substantially the same time, wherein the transmitting step, the waiting step, the continuing step, and the retransmitting step are performed even though the received spectrum map message indicated that the selected channel was locally available for use; and, wherein the non-cognitive radio device transmits and receives on frequencies that are available within a radio environment but the non-cognitive radio device is not a primary user of a spectrum and is not assigned or allocated radio frequencies by the communication network, wherein the non-cognitive radio device does not possess an independent capability to evaluate one or more frequency bands and then select one or more frequencies, and wherein the non-cognitive radio device only uses the radio frequencies on a non-interfering basis.