A transceiver and a method of transmitting data are provided. A frequency band, such as a licensed frequency band, is monitored during a sensing block. Based upon the use of the frequency band during the sensing block, a probability of non-interfering is calculated during a plurality of time periods in a subsequent inter-sensing block. The probability of non-interfering is used by the transceiver to determine a transmit power level such that the possibility of interference with licensed use on the frequency band is reduced. Embodiments of the present invention may be used to improve the transmission rate of the cognitive radio user.