A method implemented in a mobile station (“MS”). When the MS transmits, it generates radio frequency (“RF”) energy. To limit exposure to RF energy, regulatory agencies determined a maximum transmission power for mobile stations. The amount of RF energy considered safe is that generated when the MS is transmitting continuously at the maximum transmission power for a predetermined period. The method first determines whether the maximum transmission power is too low to effect communication between the MS and a base station. If it is, the transmission power is increased and if possible, the data transmission rate of outbound data is reduced to at or below a data rate threshold that reduces the RF energy generated by the mobile station to an amount considered safe. Then, any data having a data transmission rate less than or equal to the data rate threshold is transmitted at the increased transmission power.