It's a horrible contract if it purports to require that consumers pay ESPN even if they don't want it. In fact, that's arguably illegal.
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Sorry, but ESPN has no legal standing to force the consumers of Verizon to essentially have a package which kicks back to ESPN.
You've got this backwards. The consumer has no standing because they never contracted with ESPN. The contract is between ESPN and Verizon. Customers are never paying ESPN. Verizon is paying ESPN. Customers are paying Verizon, but that doesn't give them standing on a contract between ESPN and Verizon. Just like if you bought something from Walmart, that doesn't give you standing to modify Walmart's wages to their employees.
Legally, the proper solution is for Verizon to charge all customers enough so that they can fulfill their contractual obligation to ESPN. If their contract says they need to pay ESPN $10/mo per customer (regardless of whether they view ESPN), then Verizon just needs to pay that and they've satisfied the terms of their contract with ESPN.
If Verizon wants to then turn around and charge ESPN-viewing customers $20/mo to cover their shortfall (assuming half their customers don't want ESPN), then that is between Verizon and their customer, and ESPN has no standing. In fact that's probably what Verizon is going for here - they're trying to collect real data on exactly what percentage of their customers are willing to pay for ESPN and how much, so they can use those figures for negotiations with ESPN.
That should get you a RICO conviction. Because if someone says "oh, sorry, but we have a contract with my cousin Vinnie, and you have to pay him every time you buy something from us".
Totally different. Verizon isn't telling you to send a check to ESPN. They're offering you a price for your cable package, and you're agreeing to pay that price. If Verizon decides to use some of the money they received from you to pay ESPN or Vinnie or for hookers and blow, you have no standing. You got the cable package you wanted at a price you agreed to pay.