The presence of the non-television transmission within a channel is used to indicate that secondary non-licensed usage of the channel is permitted. Specifically, if secondary users incorporate the means to identify the unique modulation signature of the secondary user, decoding of a beacon signal may not be necessary. With the above in mind, a radio will be prevented from transmitting within a frequency band when no transmission within the licensed spectrum is currently taking place; the licensee is currently transmitting on the spectrum (e.g., television transmissions are taking place utilizing the spectrum, or the radio cannot sense the presence of a data channel (beacon).