There is provided a wireless communication device including a determination unit configured to determine whether a channel is clear or busy, and a transmission processing unit configured to transmit a hybrid ARQ (HARQ) to a communication device of a communication partner, in which the HARQ is transmitted using a first resource or a second resource, and in a case where transmission of the HARQ using the first resource has been failed through the determination by the carrier sense unit, the transmission processing unit transmits a HARQ using the second resource.