The setting of the rate used for non station cases did not take into
consideration the interface type etc., thus when probe responses
are transmitted on P2P Device interface etc. CCK rates were used
which is not allowed.

Modify the code so the non station case would consider the
interface type etc. For HWs/FWs that do not support rate control,
preserve the previous behavior, i.e., take the rate from the
skb metadata and adjust as needed.
Signed-off-by: Ilan Peer <ilan.peer@intel.com>
Signed-off-by: Gregory Greenman <gregory.greenman@intel.com>
Link: https://lore.kernel.org/r/20230414130637.fa0e4d42205d.Iab4784560c77b965fec070d4d0a1ec84171d94ff@changeidSigned-off-by: Johannes Berg <johannes.berg@intel.com>