Improvement in co-existence of the LTE device-to-device communication with another device-to-device communication method is desired. The apparatus selects a countdown number within a size of a contention window including a plurality of slots before a target subframe. The apparatus determines whether each slot of the plurality of slots is idle or utilized while waiting for the target subframe. The apparatus counts down the countdown number during each of the determined idle slots. The apparatus determines whether the countdown number has reached a threshold number before the target subframe. The apparatus performs, when the countdown number is determined to have reached the threshold number, one of: deferring from transmitting until the target subframe, or transmitting a CUBS until a next subframe or the target subframe.