In device-to-device (D2D) communication in a licensed spectrum, selection of a transmit pool and distribution of codes to be transmitted to the transmit pools for more efficient transmission is desired, for a given period. The apparatus may a user equipment (UE) for D2D communication in a licensed spectrum. The UE sets a discovery epoch to a shortest discovery period among discovery periods of a plurality of transmit resource pools, each transmit resource pool of the plurality of transmit resource pools associated with a respective frequency. The UE estimates a channel utilization of each transmit resource pool of the plurality of transmit resource pools based on one or more previous transmissions on each transmit resource pool of the plurality of transmit resource pools. The UE selects a transmit resource pool among the plurality of transmit resource pools for a D2D transmission within the discovery epoch based on the estimated channel utilizations.