The present invention relates to a cognitive radio apparatus and a cognitive radio method and, more accurately, to the cognitive radio apparatus for receiving an idle channel from a database related to a usage channel by including a geo-location means and provides the cognitive radio apparatus and the cognitive radio method comprising: a location determination unit detecting a location coordinate value for the longitude, latitude, and altitude of the cognitive radio apparatus from a GPS and an altitude sensor and a control unit receiving approval signal by requesting approval for an idle channel to the database based on a coordinate value detected by the position determination unit. [Reference numerals] (110) Location determination unit;(112) Altitude sensor;(120) Control unit;(130) Data storage unit;(200) Database
