A radio communication device being a mobile terminal that performs communication with a second radio communication device being a base station, said radio communication device comprising:
- reception quality measuring means for measuring a reception quality,
- data transmission capability measuring means for measuring a data transmission capability,
- determining means for determining a transmission mode on the basis of the measured reception quality and data transmission capability;
- transmitting means for transmitting the determined transmission mode to the second radio communication device;
- first receiving means for receiving information on a transmission mode for use from the second radio communication device;
- and
- second receiving means for receiving data from the second radio communication device according to a transmission mode designated by information on the received transmission mode,
- wherein a transmission power is periodically compared with a predetermined maximum value and a count representing consecutive times that the transmission power exceeds the predetermined maximum value is used for determining the transmission mode.