Abstract: A technique for a secondary communication system to utilize spectrum designated to another (or primary) communication system is provided. By ranking a plurality of secondary base stations based on base station transmit power, calculated required transmit power and path loss, a set of criteria is developed for selecting a highest ranked secondary base station for operation within a primary's spectrum. The ranking may be adapted based on mobility of the secondary's subscriber; and as such the secondary system communicates within the primary's spectrum using the adaptively ranked base stations. Channel selection may also be ranked. The technique and apparatus allows a cognitive radio (CR) network to operate within an incumbent network's spectrum.