A configuration to enable a UE to obtain access to an unlicensed frequency channel of the unlicensed frequency spectrum in the event of channel access failures. The apparatus receives a configuration from a first base station to perform a conditional handover. The apparatus determines a first unlicensed frequency channel is unavailable for a transmission to the first base station or from the first base station. The apparatus switches from the first unlicensed frequency channel to a second cell for communication through the second cell in the conditional handover upon receiving the configuration and upon determining that the first unlicensed frequency channel is unavailable for the transmission.