A method and apparatus to link user requirements of data sessions to the network conditions provides an application making an advance request corresponding to a data session, which a communication device may immediately acknowledge but will attend to the request at its convenience. The data session setup is based on the actual network conditions which are either sensed by the device or provided by an agent in the network. The method may be overlaid on top of existing wireless handsets using existing technologies. Hence, all the flexibility and configurability associated with data sessions offered by the existing solutions may remain intact with added features for the customer and the operator. In various exemplary embodiments, the method may use a network load measurement capability in the device and/or a network agent.