A wireless transmitter (400) having a quantity of data to transmit (101) can automatically determine (102) whether that data can be transmitted using a first transmission state in a manner that complies with regulatory requirements as will apply to such a transmission state. When true, these teachings can provide for automatically transmitting (108) that data using that first transmission state. When not true, however, these teachings will then provide for automatically determining (103) whether this data can be transmitted using a second transmission state in a manner that is appropriately compliant with the salient regulatory requirements. By one approach, this second transmission state is at least partially different from the first transmission state but offers a substantially comparable quality of service. When true, these teachings then provide for transmission (105) of that data using this second transmission state.