A method and apparatus for allowing communication units to utilize non-licensed spectrum is provided herein. In particular, when a radio determines a need to transmit within non-licensed spectrum, the radio searches for a beacon being transmitted. The beacon identifies a priority of the current user of the non-licensed spectrum. If the radio's priority is higher than the current user of the non-licensed spectrum, or if no beacon is heard, the radio may begin transmitting within the non-licensed spectrum. As part of the radio's transmission, a beacon will be broadcast by the radio identifying the radio's priority.